Dispute of the Illegality of Marital Rape under Chinese Law

Abstract

Marital rape is a prevalent form of sexual violence that exists worldwide. Due to its occurrence within the context of marriage, it possesses certain nuances, leading to ongoing debates on whether it should be considered a crime or not. In comparative law, many countries have already included marital rape within their legal systems for assessment and evaluation. However, China still lacks legislation addressing this issue, resulting in inconsistent verdicts for similar cases. In light of the development history of marital rape in comparative law, the current focus of the academic community in China revolves around the points of contention and the study of typical cases. This article posits that although entering into a marital relationship confers certain status upon women, the protection of women's sexual autonomy remains indispensable, and the sexual autonomy of married women should still be considered within the framework of criminal law. Nevertheless, given the distinctive characteristics of the marital relationship, it is necessary to devise new regulations for the recognition and application of marital rape.