The right of choice is most paramount when it comes to sexual intimacy of any kind. The fact that one’s choice has been taken away underlies the crime of sexual offences. Our focus would be on rape, being the most aggravating sexual offence. Why? How do we eradicate it? What is rape? What are the current revolutions going on globally in terms of rape?
Historically, rape was not about rape, but about damage to property and prospects when women do not have independent value in society and their value was attached to the father or the husband.
However, the offence of rape moved from the concentration on men to the choice of the women. At that point, the right of women became recognised. At a point, rape was meant to protect chaste women and not women that weren’t chaste. However, the situation has changed to that whether a woman chaste or not, her freedom of choice must be protected. The right of women to consent had now been so elevated than that of mere appendage to men. Thus, in some countries, husbands can now be convicted for raping his wife.
The parameters for determining rape has changed globally, what are these parameters? And should they be integrated into our law?