On May 2, 2002, the Supreme Court of Nepal ruled that marital sex without a wife's consent should be considered rape. The Kathmandu-based NGO Forum for Women, Law and Development (FWLD) had earlier challenged provision No.1 of the Chapter on Rape in the Country Code as discriminatory since it excluded the act of rape by a husband to his own wife. Under the present law, a charge of rape can only be filed against a man, but not a husband, who has had sexual intercourse with a woman under 16 years of age, with or without consent, or who has forced the act upon a woman over age 16.

In its verdict, the court reversed this by interpreting that the act of raping one's own wife was equal to the crime of raping another woman. It also directed the Nepali Parliament to amend the present laws relating to rape so that they reflect this new ruling. These include provision No. 8 of the Chapter of the Country Code which will give women the right to self-defence in the case of rape or attempted rape; and provision No. 10 of the same law to provide compensation to the victim ("In case any person commits rape of a woman, half of his property shall be confiscated and given to the woman").

The court also decided that rapists of sex workers should be given sentences that are equal to that of other rapists. Currently, individuals who rape sex workers pay a fine of Rs. 500 or serve a year in prison, which is only one-fifth of the sentence imposed on other rapists.

Source: FWLD and OneWorld South Asia

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This page was last updated on June 15, 2003

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