Husband Rapes His Wife-Wife Rapes Her Husband: The Consideration According to the Third of Five Precepts, Kâmesumicchâcârâ

Abstract

This research article was documentary research using the method of analyzing the contents of the Tripitakas, commentaries, books, and other related research. It aimed to analyze the issue of coerced sex in different cases as follows: 1) a woman being raped by a man and a man being raped by a woman; 2) a man being raped by a man and a woman being raped by a woman; and 3) a wife being raped by her husband and a husband being raped by his wife, in the context of Indian and Thai societies. It found out that: Firstly, the first two cases must be considered by the three components of the 3rd Precept, i.e., sexual intercourse by coercion, in the context of Indian and Thai societies. Regarding such acts in an Indian society, it would be considered that third parties, such as the victim’s husband or guardian, are being violated. Therefore, when a man rapes a woman, he commits immorality while she does not. As in the case where a woman rapes a man, neither of them is wrong. In Thai society, it is considered that the victim, regardless of sex, which is the second person, is directly violated. Thus, the perpetrator is considered to be violating this precept. Secondly, Indian society assumes that in the case where a man rapes another man or a woman rapes another woman, both parties are not violating the precepts. In contrast, in Thai society, it is considered that the perpetrator only violates the precepts. Finally, Indian society considers spousal coerced sex not a misconduct but an inappropriate act because the husband and wife should show virtue and kindness towards each other. In Thai society, it is considered that the perpetrator alone violates the precept.