Marital Rape Exemption in Kenya: Some Lessons from International Law
There is no doubt that, despite arguments supporting marital rape exemption, it is necessary to abolish marital rape exemption in our modern society which is characterized by many sexually transmitted infectious diseases such as HIV/AIDS. As Kenyan society is based on the principle of equality between men and woman, marital rape with impunity has no place. Kenya has to take some steps aimed at ending a conflict between the Sexual Offenses Act and the HIV and AIDS Prevention and Control Act in order to achieve its goals of equality and freedom from discrimination. International law has shed some light on the subject by indicating that marital rape constitutes violence against women and that Kenya should follow suit and criminalize it. However, it must be noted that the criminalization of marital rape will not provide a complete solution to the problem but only a partial solution. The root of the problem is most likely situated in poverty and the social context. Further research and public education is thus necessary into the key factors relating to the behavior of marital rape.
Criminalizing Marital Rape: A Comparison of Judicial and Legislative Approaches
Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and legislative abolition of marital exemption, respectively. The Author explores several factors that would lead to effective change, including timely alignment with societal morals, thorough and thoughtful consideration of the issues, and legitimacy in the eyes of citizens. After reviewing the effectiveness of approaches such as those employed in England and Canada, the Author argues that an even better method would rely on equal protection provisions found in state constitutions and international treaties.
Divorce Reform at the Crossroads
California passed the first pure no-fault divorce law in the United States and some form of no-fault has been adopted in every state - but the divorce revolution it launched remains unfinished. Now specialists in the field have written a book that appraises the situation today, explains how we got where we are, and explores legislative options for the future. This book presents evidence contradicting the view expressed by many critics that allowing no-fault divorce has significantly disadvantaged women. At the same time, it recognizes that many divorced women, especially those with custody of young children, face bleak financial prospects. The authors discuss persisting problems of the financial rights and obligations of divorcing couples, child custody, and the role of step-parents, and they analyze proposals for remedying these problems through legislative action. The book is not only for policymakers, lawyers, and social scientists who study the family but also for anyone concerned about marriage, divorce, and family life in America in the 1990s.