Marital Rape

Rape Types of Rape Marital Rape

Introduction to Marital Rape

Rape of a person’s spouse is called marital rape or spousal rape. The English common law and traditional U.S. and Canadian law did not recognize rape within a marriage as a crime. As recently as the 1960s the American Law Institute recommended retaining the historical legal doctrine that a man cannot rape his wife. The organization based this recommendation on the theory that it was inappropriate for the law to invade marital privacy. However, as a result of changing attitudes about domestic violence, many states abandoned this doctrine and began to allow prosecutions for marital rape, especially if it is committed by force. In Canada, spouses may be convicted of criminal sexual assault.” (1)

Resources

Notes and References

• Information about Marital Rape in the Encarta Online Encyclopedia

Guide to Marital Rape