Information on whether spousal abuse and spousal rape are considered a crime [DOM15883.E]

A feminist and a lawyer specializing in family law in Santiago (2 Dec. 1993) and a representative of the Centro de Investigación para la Acción Femenina (CIPAF) in Santo Domingo (3 Dec. 1993), both reported that spousal abuse and spousal rape are not crimes and that there is no specific legislation dealing with domestic violence against women. The CIPAF representative reported that according to the law, sexual abuse in marriage is considered to be "an obliged carnal junction" (3 Dec. 1993).

A 13 September 1993 Inter Press Service article states that rape in marriage is not considered to be a criminal offense. An Associated Press (AP) article of 24 June 1993 quotes Servia Galvan, an activist from the Dominican Republic as saying that
the state sees rape as a private affair, and on the basis of existing legislation it is most difficult to prosecute rapists.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

The Associated Press (AP). 24 June 1993. AM Cycle. Roland Prinz. "Conference Reassures Women in Their Battle for Rights, Recognition." (NEXIS)

Centro de Investigación para la Acción Femenina (CIPAF), Santo Domingo. 3 December 1993. Letter from representative faxed to the DIRB.

Inter Press Service. 13 September 1993. Nesta Ellis. "Caribbean: Women Trying to Inform, Protect Against Discrimination." (NEXIS)

Lawyer specialized in family law, Santiago. 2 December 1993. Telephone interview.

Attachments

The Associated Press (AP). 24 June 1993. AM Cycle. Roland Prinz. "Conference Reassures Women in Their Battle for Rights, Recognition." (NEXIS)

. 13 May 1993. AM Cycle. "Police Break Up Prostitution Ring." (NEXIS)

Inter Press Service. 13 September 1993. Nesta Ellis. "Caribbean: Women Trying to Inform, Protect Against Discrimination." (NEXIS)