 | This article needs to be updated. The reason given is: Outdated statistics.(June 2024) |
In 2004, the incidence of rapes recorded by the police in Belgium was 28.4 per 100,000 people, according to data by UNODC; in 2008 it was 29.5 per 100,000 people. [1] Belgium has been reported as being one of the countries with the highest rate of rape. [2]
Rape in Belgium is defined by Article 375 of the Penal Code as "any act of sexual penetration, of whatever sort and by whatever means, committed on a non-consenting person". [3] [4] Marital rape is also illegal under this law. [3]
Apart from criminal proceedings, committing marital rape has also consequences in a divorce case. The new amendments to the Civil Code regulating marriage and divorce, that came into effect in September 2007, state that any of the spouses, following a divorce, may receive alimony if they need the money, but a spouse who has committed rape or other violent crimes against the other spouse cannot receive alimony. Article 301 reads:
The court may refuse to grant the application for a alimony if the defendant proves that the applicant has committed a serious offense that rendered it impossible to continue living together. Under no circumstances will alimony be given to a spouse who was found guilty of an act referred to in Articles 375, 398-400, 402, 403 or 405 of the Penal Code, committed against the person of the defendant, or an attempt to commit an act referred to in Articles 375, 393, 394 or 397 of the Code against the same person. [5]
In 2011, the Belgian Institute for the Equality of Women and Men published a report on "Women and men in Belgium", which noted that in 2008, according to police report, 87% of victims of rape (89% for collective rape) were female. [6] The survey, carried out by Belgian Institute and titled Experience of men and women in gender based violence, included the following figures;
| Relation | Women | Men | Total |
|---|---|---|---|
| Partner | 30.8% | 5.7% | 17.5% |
| Family | 27.4% | 16.2% | 21.5% |
| Acquaintance | 11.3% | 15.8% | 13.6% |
| Work | 17.2% | 21.9% | 19.7% |
| Unknown | 13.3% | 40.4% | 27.7% |
According to De Morgen , from 2009 and 2011 the number of reported rape cases increased from 3,360 to 4,038, an increase of more than 20 percent. [2]
Alimony, also called aliment (Scotland), maintenance, spousal support and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian.
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Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and doesn't always involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized. However it is repudiated by some more conservative cultures.
Rape is a type of sexual assault initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, under threat or manipulation, by impersonation, or with a person who is incapable of giving valid consent.
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On 10 March 2012, Amina El Filali (1996–2012), a 16-year-old girl from Larache, Morocco, committed suicide by taking rat poison, after she was forced by her family to marry a man who had raped her when she was 15. According to Article 475 of the Moroccan penal code, the rapist was allowed to avoid prosecution by marrying his victim. This incident drew much attention to Moroccan law, and many people expressed a desire to have the law changed. Local human rights groups also called for the repeal of Article 475 of the Moroccan penal code, which de-criminalises a rape if the rapist later marries their victim. Two years after the suicide, the parliament decided to modify Article 475; it was edited in 2014.
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Marital rape generally refers to non-consensual sexual intercourse between married spouses. In Singapore, there used to be a partial immunity for marital rape first introduced during British colonial rule because it was deemed not a criminal offence except when the wife is below 13 years of age or when any of the specific circumstances provided under section 375(4) of the Singapore Penal Code are satisfied. Since 1 January 2020, the law was repealed and its immunity lifted under the Criminal Law Reform Act 2019, criminalising marital rape.
This article provides an overview of marital rape laws by country.
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