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Abstract

<p>Marital rape remains one of the most significant yet inadequately addressed issues within Pakistan's legal framework. Despite substantial reforms to the country's sexual offence laws, no legislation expressly criminalizes non-consensual sexual intercourse between spouses, leaving married women without a clear legal remedy against sexual violence committed within marriage. The absence of statutory recognition reflects the long-standing presumption that marriage constitutes continuing consent to sexual relations, thereby undermining women's bodily autonomy, dignity, and personal liberty. The physical and psychological consequences of such violence frequently extend beyond the marital relationship, causing lasting trauma that often persists even after divorce.This article critically examines Pakistan's legal position on marital rape through statutory analysis, comparative jurisprudence, and Islamic legal discourse. It evaluates the evolution of rape laws under the Pakistan Penal Code, analyses judicial developments, and compares Pakistan's approach with legislative reforms adopted in South Asia and developed jurisdictions. The article further explores contemporary Islamic scholarship on consent, dignity, and the principle of preventing harm, demonstrating that the criminalization of sexual coercion within marriage is compatible with both constitutional guarantees and Islamic jurisprudence. It concludes that Pakistan's continued legislative silence perpetuates legal uncertainty and denies effective protection to married women, thereby necessitating comprehensive statutory reform that expressly recognizes marital rape as a criminal offence and affirms consent as an indispensable requirement of every sexual relationship, irrespective of marital status.</p>

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sexual marital legal rape pakistans

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