Abstract provided by author
Rape is an experience which shakes the foundations of the lives of the victims. For many its effect is a long -term one, impairing their capacity for personal relationships, altering their behaviour and values and generating fear.[1] The most common form of violence experienced by women globally is physical violence inflicted by an intimate partner. On average, at least one in three women is beaten, coerced into sex or otherwise abused by an intimate partner in the course of her lifetime. [2]Studies reveal that partner rape carries longer and graver effects than stranger rape. Namibia saw the need to do away with the common law exemption of protecting the husbands from any legal implications in the event of having unlawful sexual intercourse with their wives. [3] The legislature introduced section 2 (3) of the Combating of Rape Act 8 of 2000[4] and made it possible for a spouse to lay a charge of rape against his or her abusive spouse. This dissertation will look at rape in general; it's history under the various legal systems and how it came about under the Namibian legal system. Furthermore it will look at what the common law position was before and after the enactment of the Combating of Rape Act. The reason for this overview is for the reader to understand what the concept of rape is and where it comes from. Rape is not just a concept but it's a reality. Many of the Namibian women and women around the world encounter and experience on a daily basis. This is not just a social violation of women but in fact a violation of their constitutional rights. In this paper the foundations will be laid by looking at what constitutes a marriage and what rape within a marriage entails, this would give the reader a better understanding as regard to this sensitiveand very relevant topic
Rape within the marriage is not a new notion in law. It has been there since time immemorial however, it looked as if though for years, even after independence, legislature appeared to have looked the other way and only in the year 2000 addressed the issue head on in the Combating of Rape Act
Furthermore to guide the reader, this paper will look at the number of reported cases and also convicted cases on marital rape after the enactment of the Act and thus attempt to substantiate whether the Combating of Rape Act has been effective with regard to creating awareness of marital rape and empowered women that are victims of rape within their marriage
It is important to note that not only women and girls are victims of rape but in fact men and boys are also victims[5] and however for purposes of this paper I will look more specifically at married women, who are marital rape survivors, this will done so primarily because women are the majority of the two sexes that fall victim to marital rape
