Marital rape refers to forced sexual contact between spouses. This controversial crime is still often misunderstood, and was not recognized as a criminal act in many regions until the late 20th century. The criminalization of marital rape has required an overhaul of centuries or even millennia of common and existing law, and plays an important part in the debate on the rights and responsibilities incurred through marriage.
Centuries of law assert that marital rape cannot exist; since women have been historically treated as property rather than rights-bearing individuals in marriage, it made little sense to lawmakers to stop a man from sexually using his rightful property. According to most common law systems throughout history, once a woman married, her body belonged to her husband and she had no right of refusal.
This belief came sharply into contrast with women’s rights movements of the 20th century. Having obtained the rights to vote and own property among other things, activists argued that marriage could not materially diminish individual rights, thus forced sexual contact was still rape regardless of marital status. The tide turned on the long-held system of marital rape exemptions beginning in 1965 in Sweden. Most of Europe, Asia, and North and South America followed suit throughout the final decades of the 20th century. Criminalization of marital rape is far from global, however, and some experts suggest that it remains a highly underreported crime even in regions with laws against it.
There are many different circumstances in which marital rape can occur. Just as with other forms of rape, any situation where one person is forced to have sexual contact, or is too incapacitated to be able to refuse sexual activity, can be considered marital rape. Any type of sexual behavior, including oral, anal, and vaginal intercourse, can be considered rape if coerced without consent.
Some experts suggest that there are a plethora of reasons why marital rape is not reported or prosecuted. Some partners are afraid of their spouse, or unwilling to leave a marriage due to financial instability, the presence of children, or religious doctrine. Others hold the belief that marital rape cannot exist, and it is the right of a married person to use force if sex is refused. Another reason may be a lack of evidence that may occur with a marital sex crime, or that conflicting stories about the incident may render prosecution useless.
Marital rape is considered a serious and widespread crime, despite legislation and attempts to educate the public. According to statistics released in 2009 by the US Department of Justice, 41% of female rapes and 5% of male rapes in the United States were perpetrated by an intimate partner such as a spouse. Considering that some experts suggest that only one out of three marital sex crimes is reported, numbers may in fact be much higher.