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Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and doesn't always involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized.
However it is repudiated by some more conservative cultures. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women , have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law , or is illegal but widely tolerated. Laws are rarely enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal.
Marital rape is more widely experienced by women, though not exclusively. Marital rape is often a chronic form of violence for the victim which takes place within abusive relations. It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways. The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male and female sexuality , and to cultural expectations of subordination of a wife to her husband — views which continue to be common in many parts of the world.
These views of marriage and sexuality started to be challenged in most Western countries from the s and 70s especially by second-wave feminism , leading to an acknowledgment of the woman's right to self-determination of all matters relating to her body, and the withdrawal of the exemption or defence of marital rape. Most countries criminalized marital rape from the late 20th century onward — very few legal systems allowed for the prosecution of rape within marriage before the s.
