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Trial courts will develop jurisprudence on marital rape once it is criminalised: Colin Gonsalves

He argued that the High Court is only the institution of first instance, which cannot solve all the problems in one go. It only has to address the historic and extreme injustice that has been done to married women.

“After this is done, Parliament will be called upon to apply its mind on the issue of definition of coercion and consent. Parliament may also (regrettably) be called upon to decide as to whether, if at all, a lesser punishment ought to be prescribed in the Penal Code for marital rape. They may also decide whether marital rape is compoundable and capable of being settled between the couples. No part of this exercise is to be done in these proceedings.”

Source: Barandbench

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