Countries that have criminalized marital rape
ENGLAND
Historically, under British common law, husbands were exempted from prosecution for raping their wives based on the understanding that marriage meant implied consent to sex497. In addition to Hale’s rationale that marriage implied perpetual, un-retractable consent to sex, other rationales for the common law marital rape exemption were based on notions that at marriage a woman becomes the property/chattel of her husband, and that when two people marry, they become one, rendering marital rape impossible because a husband is incapable of raping himself498.
USA
In USA prior to the 20th century the concept of marital rape exemption was followed. This concept basically means that by entering into a marital contract, a woman has tacitly consented to have sexual intercourse with her spouse anytime he wants it. It dates back to 18th century common law, and was articulated by English jurist Matthew Hale as follows: "The husband cannot be guilty of rape . . . for by their mutual matrimonial consent and contract, the wife [has] given up herself in this kind unto her husband, which she cannot retract."
SOUTH KOREA
One of the recent countries to criminalize marital rape is South Korea. Earlier in the 1970’s the Supreme court had upheld the view that there could not be marital rape between a husband and wife, but this thought process has changed over the past four decades. The lower and higher court have recently criminalised sex without wife’s consent.
Historically, under British common law, husbands were exempted from prosecution for raping their wives based on the understanding that marriage meant implied consent to sex497. In addition to Hale’s rationale that marriage implied perpetual, un-retractable consent to sex, other rationales for the common law marital rape exemption were based on notions that at marriage a woman becomes the property/chattel of her husband, and that when two people marry, they become one, rendering marital rape impossible because a husband is incapable of raping himself498.
USA
In USA prior to the 20th century the concept of marital rape exemption was followed. This concept basically means that by entering into a marital contract, a woman has tacitly consented to have sexual intercourse with her spouse anytime he wants it. It dates back to 18th century common law, and was articulated by English jurist Matthew Hale as follows: "The husband cannot be guilty of rape . . . for by their mutual matrimonial consent and contract, the wife [has] given up herself in this kind unto her husband, which she cannot retract."
SOUTH KOREA
One of the recent countries to criminalize marital rape is South Korea. Earlier in the 1970’s the Supreme court had upheld the view that there could not be marital rape between a husband and wife, but this thought process has changed over the past four decades. The lower and higher court have recently criminalised sex without wife’s consent.
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