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But at what cost?
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this post was submitted on 05 Feb 2026
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Chapotraphouse
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It is not misinformation per se. There is no legislation in regards to marital sexual violence in the PRC. As such, it is inconsistent whether or not sexual violence within the marriage will be considered sexual violence within the courts.
However, the Datong assault case (2023) was elevated into the Supreme Court repository last year (meaning the higher courts determined it had value as case precedent for courts in all jurisdictions). The Datong case established that engagement did not constitute consent. This is a step closer to marital sexual violence laws (engagement, once formalized via the exchange of a bride price, is in many traditions often considered a more-or-less finalization of the conferral of marital privilege), but there is as yet no legislation explicitly outlining the rights of spouses to boundaries of consent, just a series of disjointed and inconsistent case law (for instance couples who are separated and undergoing divorce tend to have the sexual violence recognized as sexual violence), none of which has been elevated by the Supreme Court.
The institution of marriage as an exchange of property and the conferral of marital privilege is one that has only recently begun to be challenged in most of the world. Even countries that have laws barring marital sexual violence struggle to have marital sexual violence recognized as such before the courts (which is not surprising, considering how most sexual violence is barely recognized as such regardless of the relationship between those involved), and many countries either do not have legislation that covers it, or even worse, have legislation that explicitly exempts it from being classified as sexual violence.
Interestingly, this violence was once talked about in depth by Soviet scholars who were working to eradicate the institution of bourgeois marriage and develop new forms of family and relationship dynamics in the early USSR (way ahead of the game compared to most every other country on earth at the time), before a return to traditional values re-established the push for heteronormative marriages with an emphasis on the need to reproduce. In fact, the first country to criminalize marital sexual violence was the USSR (1922). It wasn't until the 70s that other countries started following suit (beginning with Germany and then spreading through Europe)
I don't mean to overload this with too much info on a very depressing subject, this is just a topic that I specialize in as an educator. A report by WHO found that one in three women worldwide experience marital sexual violence. It is sadly, a deeply prevalent social phenomenon, baked into the history of what marriage represents (the conferral of privilege as a property exchange)
Thanks for this. I was having a lot of trouble making sense of anything via baidu and machine translation.
There is I believe a domestic violence law since 2016 that should cover it, but it is inconsistently enforced, especially in Rural areas.
Yes, it is largely covered as domestic violence, but there is no specific legislation that defines it as sexual violence. That doesn't mean it can't be considered sexual violence, it's just not explicitly defined and so it isn't consistently applied. Divorcing/separated couples get a bit more application of sexual violence laws, as it is more likely to be seen that marital privilege has been revoked. This is even considering that anyone attempts to go through the courts with this, which the overwhelming majority of survivors do not (either because they are entrenched in the system of accepting this violence as a marital privilege, or because they are afraid of retraumatization through the courts when there is a likelihood that it won't even result in any real recognition of what they experienced). There is a huge amount of stigma (especially in more rural areas, though this stigma exists everywhere) around being a survivor of any sexual violence, and that stigma is much higher in marital cases, where regardless of court outcomes community/social impacts can be severe.