Rape in matrimony: addressing the conflict between statutory and customary laws with focus on anglophone Cameroon
Abstract:Abstract
Talking of rape in matrimony had been an absurd phenomenon because marriage
was perceived as bringing in irrevocable consent to sex between couples. With the
passage of time and regulation on the aspect, rape in matrimony was contemplated
on the basis of unconsented sexual intercourse between husband and wife. There is
no law that rightly criminalizes marital rape in Cameroon. Rape can only be
inferred from the reading of section 296 of the Penal Code and related international
instruments ratified by Cameroon. With this, it can conveniently be asserted that
matrimonial rape is criminalized by statutory law in Cameroon, but it is not the
case under customary law which does not recognize rape in marriage, a view which
is contrary to statutory law but dominant as it is still practiced in most communities
due to certain factors and prevailing social construct. This paper examines the
reasons underlying the continuous dominance of customary law practices
encouraging matrimonial rape in spite of statutory prohibition. With the aid of
primary sources of data from statutes, case law and focused group discussions, not
leaving out secondary sources of information from relevant literature, this paper
concludes that there is a dominance of customary law practices encouraging
marital rape, especially within customary communities in spite of statutory
prohibition. It is therefore recommended inter alia that a specific law should be
enacted to expressly criminalize marital rape backed by effective implementation.
Adequate sensitization should be carried out especially within local communities to
educate women on their rights in marriage, the availability of norms and legal
mechanisms to enforce them in situations of breach.
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