I refer to the report Scholar: Follow Indonesia, criminalise marital rape .
Of course, husbands are not supposed to have non-consensual sex with their wives. However, if marital rape law becomes a reality, men need to prepare themselves against possible rape accusations from their wives.
If, for example, after 10 years of marriage a woman secretly wants her husband to languish in jail for 20 years and receive 20 lashes of the rotan , so she can marry her secret lover, could she not abuse this law? After consensual sex, she could just casually make a police report that she had been raped by her husband.
How is that man going to defend himself? Will their previously consensual sexual relations be enough for a defence? Of course not.
A husband and wife are not supposed to have any sexual barriers between them. They can, say, sleep in a dark room together, naked under a common blanket.
But if a wife all along allows sexual overtures from her husband but one day defines it as rape, how is her husband going to know? How is he going to prevent it? Make sure their sexual activities occur in a well-lit room and are captured on camera, as proof that they were done with the full consent of both partners?
While I agree that we have to help women that are sexual victims of their violent husbands, I feel that to legislate and criminalise marital rape is akin to a case of 'marahkan nyamuk, kelambu dibakar'.
