History and Origin : Marital Rape

In the words of Sir Matthew Hale (1609-1676) in History of the Pleas of the Crown, published in 1736,  "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract". 

Studies also say, Marriage is a legal doctrine under which a woman's legal rights were subdued by those of her husband. This implied, once unified by marriage, a spouse could no longer be charged with raping one's spouse, anymore than be charged with raping oneself. Marriage in earlier times was considered as a relationship where men were in charge and had full control of wife's life, sexual pleasure being one of the aspects circling around her concerns. For example in 1707, English Lord Chief Justice John Holt described the act of a man having sexual relations with another man's wife as "the highest invasion of property". For this reason, in many cultures there was a conflation between the crimes of rape and adultery, since both were seen and understood as a violation of the rights of the husband. Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination.
Following this thought, women were ( and still across some parts of the globe ) considered as properties. First, the property of the father and post marriage, of their husbands. Therefore upon marriage, husbands could not be blamed under any crime whatsoever because their 'lawfully wedded' wife could be exploited as their 'possession'. The treatment of women as properties also throws light on the possibilities of sufferings caused to a woman by the male members of their brought up households, prior to marriage.
Also, in certain parts of Africa under the customary law forced sex was not banned. However in some circumstances such as during advanced pregnancy, immediately after childbirth, during menstruation, or during mourning for a close relative, were identified as giving the wife the right to refuse sex.

Such is the precedent..