Can someone explain how the law was changed in the '90s with regards to spousal rape?

Tombi!

I'm trying to explain it to a friend from another country.
Two things I've seen a lot about is that in the early '90s the law was changed to say a man can rape his wife and secondly, divorce was made legal.

Is this true?
If so, what was the cause for the changing of the law. I understand there can be many factors but I told my friend I think it was due to the whole issue with the church having "less power" and influence in Ireland due to the entire molestation scandal from the '90s.

Also, were there any other major changes to other laws regarding marriage which benefited wives? (for example, the fact that a husband could be charged with raping his wife is a benefit)

Thanks for any help.

Pro Hoc Vice

Both issues reflect a changing Ireland, many issues of sex and sexuality, legally changed in the early 1990,s http://www.irishstatutebook.ie/1990/en/act/pub/0032/sec0005.html#sec5 spousal rape defence abolished, laws relating to Homosexual Activity in 1993 http://www.irishstatutebook.ie/1993/en/act/pub/0020/ and in 1995 the 15th amendment to the constitution allowing for Divorce. Of course contraception law and changes had been ongoing as well, following a Supreme Court case in the 1973 MCGee, allowing a married couple to buy contraception, leading to later legislation allowing general sale and advertising by 1993.

Much of these changes had been going on through out the 1980's and as early as the 1970's with people advocating for a whole range of reforms in Irish Society.

Maybe TV had a lot todo with the changes, http://www.independent.ie/woman/love-sex/the-sex-factor-26482629.html

Frynge

infosys wrote: »

Both issues reflect a changing Ireland, many issues of sex and sexuality, legally changed in the early 1990,s http://www.irishstatutebook.ie/1990/en/act/pub/0032/sec0005.html#sec5 spousal rape defence abolished, laws relating to Homosexual Activity in 1993 http://www.irishstatutebook.ie/1993/en/act/pub/0020/ and in 1995 the 15th amendment to the constitution allowing for Divorce. Of course contraception law and changes had been ongoing as well, following a Supreme Court case in the 1973 MCGee, allowing a married couple to buy contraception, leading to later legislation allowing general sale and advertising by 1993.

Much of these changes had been going on through out the 1980's and as early as the 1970's with people advocating for a whole range of reforms in Irish Society.

Maybe TV had a lot todo with the changes, http://www.independent.ie/woman/love-sex/the-sex-factor-26482629.html

I reckon that could make for quiet a good read.

"The changing attitudes to sex and sexuality throughout Ireland. 1964-2014.

seb65

Brutal Deluxe wrote: »

I'm trying to explain it to a friend from another country.
Two things I've seen a lot about is that in the early '90s the law was changed to say a man can rape his wife and secondly, divorce was made legal.

Is this true?
If so, what was the cause for the changing of the law. I understand there can be many factors but I told my friend I think it was due to the whole issue with the church having "less power" and influence in Ireland due to the entire molestation scandal from the '90s.

Also, were there any other major changes to other laws regarding marriage which benefited wives? (for example, the fact that a husband could be charged with raping his wife is a benefit)

Thanks for any help.

I believe the legislature changed the rape law due to a severe case where a husband - who was legally separated from his wife - forced her to have sex against her will. There was no recourse for his wife as they were technically still married and therefore he couldn't have raped her under the law.

I stand to be corrected on that one though.

The change allowing for divorce could only come through Constitutional amendment as any provision passed by the Oireachtas allowing for divorce would not have succeed constitutional challenge at the time. Such a law would have seen the State fail in its explicit constitutional duty to protect the institution of marriage.

I would assume the referendum on divorce was brought in due to some men wanting to legally untie themselves of the burden of unhappy marriages/separations, combined with a general attitude that women in abusive marriages should be able to to legally untie themselves from their abusers.

Carlos Orange

Brutal Deluxe wrote: »

If so, what was the cause for the changing of the law. I understand there can be many factors but I told my friend I think it was due to the whole issue with the church having "less power" and influence in Ireland due to the entire molestation scandal from the '90s.

There is probably a wider context to understand than just Ireland. Marital rape wasn't outlawed until relatively recently in many European countries.