Marital Rape: Social Reality Vs. Legal Recognition

Any form of violence perpetrated within the family is considered particularly severe, precisely because it occurs in an environment that is presumed to provide warmth, safety, and emotional support. Such acts are committed by individuals who are expected to ensure protection and trust, yet these very settings are often transformed into spaces of fear, coercion, and psychological suffering. When addressing sexual violence within marriage, the issue becomes even more critical, as marital rape represents one of the gravest forms of domestic violence, frequently accompanied by psychological, emotional, social, and physical abuse. Rape, particularly within the context of marriage, has been recognized relatively late in both international and domestic legal frameworks. This delayed recognition reflects deeply rooted historical, cultural, and legal perceptions of marriage as implying irrevocable consent. Accordingly, this research paper aims to analyze the factors that have contributed to the late legal acknowledgment of marital rape, the persistent underreporting of this criminal offense, and the manner in which it continues to be perceived and treated within society. In order to provide a comprehensive and nuanced understanding of this phenomenon, the paper employs a comparative legal method to examine the relationship between international and national legal frameworks, alongside a statistical approach that illustrates the current situation in North Macedonia, particularly in relation to reporting patterns documented by the Ministry of Interior. Through this analysis, the study seeks to highlight the gap between formal legal recognition and the social reality of marital rape.