KATHMANDU, May 2: The Supreme Court (SC) has reduced the sentence of a man convicted of marital rape from eight years to just two months.
Although the ruling came after the man had already spent five years in jail, this is expected to set a new precedent on cases related to marital rape in the days ahead, recognizing the different nature of the crime.
The apex court overturned the earlier rulings passed by the District Court and the then Appellate Court arguing that marital rape not be considered the same as rape.
A full text of the verdict issued by a division bench of justices Prakash Man Singh Raut and Kumar Regmi on September 30, 2021 was released recently, clarifying that marital rape and rape are different crimes. The law defines rape as sexual intercourse without consent, regardless of the marital status of the woman or girl.
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This case dates back to an incident in Panchthar about 14 years ago. Chetan Lawati and Selina Limbu (not their real names) married on April 4, 2010, when both were 16 years old. At that time, the law defined minors as those under the age of 16. However, around six years ago, the legal definition of a minor changed to anyone under 18 years of age.
A few days after the wedding, Limbu’s father filed a rape complaint against Lawati, due to the bitter relationship between the Limbu’s maternal family and her in-laws.
Lawati and Limbu married according to the Limbu tradition. The couple filed for a divorce at the Jhapa District Court in 2012, just two years after their marriage. This also confirms their marriage.
The SC ordered Lawati to serve two months in prison and pay Rs 25,000 in compensation to the victim. The court noted that after a marital relationship is established, it is not fair to treat marital rape the same way as non-marital rape.
This case reached the SC through the Panchthar District Court, and the then Appellate Court, Ilam. The Panchthar District Court initially fined the defendant just Rs 10,000 on January 27, 2011.
However, the Appellate Court in Ilam, reversed the District Court’s decision on December 20, 2010 sentencing the defendant to eight years in prison and imposing a fine of Rs 50,000.
In 2018, the defendant’s side appealed to the SC after the Appellate Court ruling, leading to the recent reversal of both verdicts of the lower courts. Lawati has been in prison since March 6, 2019.
The SC ruling explained that the physical relationships between married couples based on mutual consent is not a criminal offense but is seen as part of social values, a basic aspect of social development and a basic human need. The apex court noted that it would be unfair to compare marital rape with a grave crime like rape as the husband and wife both have consented to live together after marriage.
The National Penal Code, 2017, Section 219(2) defines rape, “Where any person has sexual intercourse with a woman without her consent or with a girl child below 18 years of age even with her consent, the person shall be considered to commit rape on such woman or girl child.” In case of marital rape, there is a legal provision for the convict to serve three to six months in jail.
