Criminalizing Sexual Violence Against Women in Intimate Relationships: State Obligations Under Human Rights Law (2016)

This paper argues that international law requires the criminalization of marital rape. The authors point to the ways in which international human rights treaties and other international instruments can assist efforts to end legal impunities for the sexual violation of women in intimate relationships. International law establishes a due diligence standard under which states are obliged to prevent, investigate, punish, and provide remedies for violations of human rights, regardless of whether the acts are committed by state or non-state actors. This standard provides a powerful legal tool for the work of criminalizing and ending sexual violence in intimate relationships. [Source: American Society of International Law]