NCJ Number
176619
Date Published
1998
Length
11 pages
Annotation
After defining marital rape, this chapter reviews the legal history of the marital rape exemption and the current status of the marital rape exemption law, followed by discussions of the nature of marital rape, the scope of marital rape, demographic data regarding marital rape, survivors' history of prior abuse, the effects of marital rape, and warning signs.
Abstract
For this chapter, marital rape is defined as "any sexual activity by a legal spouse that is performed or caused to be performed without the consent of the other spouse." The basis of the legal history of the marital rape exemption is found in 17th- century British common law. The original rationale for the marital rape exemption was the implied or irrevocable consent inherent in the marriage contract in which the wife willingly gives herself to her husband; such implied consent thus negated the possibility of marital rape. Social concern, social awareness, and societal demand for action have resulted in important changes in the marital rape exemption laws in the United States since 1970. Because each State's handling of marital rape exemption is different, whether through statutory or judicial means, it is important for persons who deal with victims and perpetrators of marital rape to be familiar with the law in their State. Regarding the nature of marital rape, the assault on the mind of a wife raped by her husband is also rape, although in many cases marital rape includes violence against the wife. Researchers report an estimated 2 million instances of marital rape per year in the United States. Russell (1982) found that marital rape crossed all socioeconomic boundaries, ages, races, educational levels, and length of marriage. The effects of marital rape include physical trauma as well as intense psychological effects. Some warning signs cited by a sample of women who had been raped by their husbands are their husband's extreme interest in and use of pornography, excessive use of alcohol, the use of sex as a pay-off in the marital relationship, and difficulty in handling anger. 2 notes and 30 references