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what are the marital legal cosequences for a woman refusing sex with husband if any?
what rights does a married woman have in preventing the husband from having sex with her even if it is against her wishes?
friend of mine has serious probs with hubby in all areas of their marriage, she is a very dear friend of mine that I want to help( nobody should concern themselves what my personal motives are here thank you ! )
Not only that, I am also curious as to what the law sais about the rights of women in refusing to have sex ..................there must be a law of some kind that supports something where a woman has legal grounds on which to stand on in this matter ??
warm regards
Jordy
13 Answers
- ?Lv 71 decade agoFavorite Answer
Like the others have said - if she says, "No," and he does it any way - it's rape.
If she says no and he DOESN'T - and the answer is no over and over - then he could have grounds to divorce under the "alienation of affection" clause.
Just on a personal note - using sex as a weapon in a relationship (i.e.: he did THIS to me, so he won't get any loving tonight) is truly sad and underhanded. She should file for divorce.
- MaryLv 45 years ago
Sex is a basic human need. A marriage without it causes temptation to seek it outside of marriage. When married, both partners have an obligation to fulfill the other partners needs and put the other persons happiness before first and keep them happy so that neither partner is tempted to stray. The couple should try counseling first to see if any unresolved issues is the cause and also verify no medical conditions are the cause and work on solving the problem together. If after all is said and done and still no sex, divorce may be the answer.
- Anonymous1 decade ago
Marital rape is a crime in all states, so he can't force her into sex. This didn't used to be true. The law, as recently a 30 years ago, thought that if a man was married he had the right to a woman's body whenever he wanted it. Thankfully, second wave feminism exposed this cruelty for what it was, and marital rape is now legally considered the crime that it is.
- 1 decade ago
I do not careabout your personal motives, but I do know that if you mess in a marriage that is not your own, you stand a very high chance of being hurt or worse.
Since you seem to have missed the common sense allotment, I will let you borrow some of mine.... do not give advise or get involved. The technical name is triangulation. What it means is there is nothing you can do to avoid being caught in the middle. Either one, or if they reconcile, both will be at odds with you. Taking up anothers fight is like grabbing a mad dog by the ears, you can't let go without getting bitten.
Take adeep breath and walk away.
- 1 decade ago
He could divorce her on "constructive abandonement" grounds if she has refused or refuses sex for a yr. or more.
Sex without consent is rape but very difficult to prove in a marriage.
If she wants to work things out with her husband, she should go to counseling with him. Refusing sex doesn't solve anything and it is sometimes used by a partner to control the other as in, if you don't do X,Y, or Z, we won't have sex. If she is punishing him for her "many troubles" by refusing sex, then she is building up resentment and introducing bigger problems into the marriage.
- SofttouchmaleLv 71 decade ago
The best legal consequence is a divorce and they go separate ways. Period.
Non-consensual sex in some jurisdictions is rape. But in some countries sex is an obligation. Therefore, I would say divorce is the best way out.
- ?Lv 61 decade ago
Is he a muslim? Muslim men believe they own their women and therefore their wives are property to do with what they wish. If he is muslim, there is really nothing that can be done. Even if they live in the U.S. the ACLU will tell you he can do whatever. This will most likely be reported as "hate speech" but it is not meant as such. It is simply a fact very easy to validate. Good luck.
- SIX6UNLv 51 decade ago
Jordy:
Legal? It is her right to say no. But Jeeze, he asks for intimacy and suddenly she is waving lawyers at him. My question is if she has tossed him out of her bed, why is she near him at all? My guess is, like tiger's wife—money. Her marriage is deader than a politician's heart at a fund raiser. Of course, she can say no. No marriage license removes that right. Just say no, Jordy's friend!
- Noe FLv 41 decade ago
Well if it is against her wishes, then this crosses the line to call it Rape. I would ask an attorney to get the best answer. But when one says "no" and the other pushes it, then is is forceable and we call it rape
- Badger GLv 61 decade ago
If he forces her, it's rape.
Marriage means squat if a man rapes a woman. That's the law!
Yes means Yes. No means No.