Some of my dimmer critics have attempted to make a meal out of my factual statement: a man cannot rape his wife. But that is not only a fact, it is the explicit law in the greater part of the world, just as it is part of the English Common Law.
A Delhi court has ruled that sex between a husband and wife, “even if forcible, is not rape.” The judge’s decision, which was made public Saturday, upheld section 375 of the Indian Penal Code, which does not recognize “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age,” as rape.
The fact that some of the lawless governments in the decadent, demographically dying West presently call some forms of sex between a husband and wife “rape” does not transform marital sex into rape any more than a law that declared all vaginal intercourse to be rape would make it so. Reality is not defined by politics; we cannot settle the question of evolution by natural selection by simply passing a law that declares God created the world and everything in it last Tuesday.
Anyone with a basic grasp of logic who thinks about the subject of “marital rape” for more than ten seconds will quickly realize that marriage grants consent on an ongoing basis. This has to be the case, otherwise every time one partner wakes the other up in an intimate manner or has sex with an inebriated spouse, rape has been committed. And for those who wish to argue that consent can be withdrawn, there is a word for withdrawing consent in a marriage. That word is “divorce”.
The concept of marital rape is not merely an oxymoron, it is an attack on the institution of marriage, on the concept of objective law, and indeed, on the core foundation of human civilization itself.