![handle is hein.journals/haramlr10 and id is 1 raw text is: HARAMAYA LAWREVIEW, Vol. 10 (2021) ISSN: 2227-2178 (P) & 2305-3739 (E)
To cite this article: Eyerusalem Jima Haile, Addressing Marital Rape In Ethiopia: An Alternative
Approach, HARAMAYA LAW REVIEW 10: 1-20 (2021)
ADDRESSING MARITAL RAPE IN ETHIOPIA: AN ALTERNATIVE APPROACH
Eyerusalem Jima Haile*
Abstract
Ethiopia is one of the countries with an explicit exemption of marital rape in its criminal
code. Despite its prevalence, challenges associated with legal and socio-cultural factors are
hindering a movement towards criminalization of marital rape. This article aims to address
challenges of criminalizing marital rape through bottom-up approach which involves using
community-based mechanisms as an instrument for law making. To that end, apart from
theoretical frameworks and legal instruments, several foreign court cases are consulted.
Furthermore, interview has been conducted with key and relevant individuals. Moreover, a
comparative approach, by referring the practices of South Africa and Zimbabwe was
employed to analyze techniques of criminalizing marital rape. It is argued that marital rape
is a complex socio-legal problem and strategy to end it through criminalization is best
achieved by employing community-based methods. The article affirms that marital rape is
not a unique practice by a particular group or cultures; it is rather a universal problem.
Thus, particularizing claim to legal and cultural causes cannot be used as a reasonable
defence towards state failure to fulfil human rights obligations. Hence, culture and tradition
should not be used as a defense for injustice rather; they should be used as tools to
stigmatize violent behaviors. Moreover, criminalization of marital rape is an essential first
step, but not the only means of addressing the problem. It is essential that criminalization
measures be complemented with alternative solutions.
Keywords: Bottom-up approach, marital exemption, marital rape, sexual violence, Ethiopia
I. INTRODUCTION
Despite legal, institutional and social variations in addressing the problem of sexual
violence, marital rape is the most widespread and socially tolerated human rights violation
throughout the world.1 According to the global studies, one third of women worldwide have
* The author has received LL.B from Wollega University School of Law and LL.M from Addis Ababa University.
She is currently serving as a Lecturer at School of Law and Federalism at Ethiopian Civil Service University. The
author is reachable at jerylaw@gmail.com.
1 KERSTIYLLO&M.GABRIELA TORRES, RECONCILING CULTURAL DIFFERENCE IN THE STUDY OF MARITAL RAPE,
MARITAL RAPE: CONSENT, MARRIAGE, AND SOCIAL CHANGE IN GLOBAL CONTEXT 9,10-18 (Oxford University
Press, M. Gabriela Torres ed., 2016) (hereinafter Kersti & Gabriela,Marital Rape: Consent, Marriage, and Social
Change in Global Context)
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