When did marital rape become a crime?
‘Alarming’ new statistics show that a quarter of Brits do not view non-consensual sex within marriage as rape
A large number of Britons do not regard non-consensual sex within marriage as rape, according to “alarming” new statistics.
A YouGov survey of 4,000 people commissioned by the End Violence Against Women Coalition has revealed that many British adults “remain confused about what constitutes rape”, the Evening Standard reports. The survey also highlights why access to justice is “beyond the reach of many victims”, the group added.
A third of respondents believed that non-consensual sex should not be considered rape if there was no sexual violence committed, while one in five women said that would not generally be considered rape if the victim had flirted on a date.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
On the subject of marital rape, “more than a third of over-65s” do not consider forced marital sex rape, along with 16% of people aged 16 to 24. Overall, one in four Britons believed that non-consensual sex within marriage did not constitute rape.
“Marital rape is a serious and frequently occurring form of domestic violence,” says HuffPost, and “strikes at the heart of the marriage covenant, taking the promise, as in some Christian marriage ceremonies, to cherish the body of the spouse and turning it into a horror”.
Marital rape is illegal in the UK, but the legal history of the crime is a controversial one.
When did marital rape become illegal in the UK?
The earliest written legal source on marital rape in the UK appeared in a 1736 treatise entitled History of the Pleas of the Crown by Sir Matthew Hale, a former Chief Justice of the Court of King’s Bench in England.
Hale argued that “the husband of a woman cannot himself be guilty of an actual rape upon his wife, on account of the matrimonial consent which she has given, and which she cannot retract”.
This perspective proved “extraordinarily influential” in other countries, many of whom published similar legislation, according to Professor Jill Elaine Hasday.
In 1822, barrister John Frederick Archbold published the mammoth legal tome Pleading and Evidence in Criminal Cases, which remains the leading practitioners’ text for criminal lawyers in England and Wales. In it, he reiterated the position that a husband “cannot be guilty of a rape upon his wife”.
This remained the legal reality until a landmark court judgment in 1991. The previous year, a man identified only as “R”, was convicted of attempting to rape his wife, but challenged the decision citing the marital rape exemption laid out by Hale and Archbold.
Following multiple appeals, the case eventually reached the House of Lords, which ruled against it unanimously, stating: “Nowadays it cannot seriously be maintained that by marriage a wife submits herself irrevocably to sexual intercourse in all circumstances.”
The illegality of rape within marriage was laid out explicitly under the Sexual Offences Act 2003.
Where is marital rape legal?
Marital rape is outlawed in most countries around the world, but a review of laws in 82 countries by women’s rights organisation Equality Now between 2014 and 2015 found ten countries currently allow spousal rape.
It found that it is legal in Ghana, India, Indonesia, Jordan, Lesotho, Nigeria, Oman, Singapore, Sri Lanka and Tanzania. In four of these countries, “it is permitted even when the victim is a child”, Revelist reports.
However, these are the countries in which spousal rape is expressly allowed by law - many more countries have legislation that does not cover marital rape and considers sex within marriage consensual by definition, and thus they do not punish it as a criminal offence.
These include India, China, 13 African countries and all Middle Eastern countries apart from Qatar and Israel.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
'It may not be surprising that creative work is used without permission'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
5 simple items to help make your airplane seat more comfortable
The Week Recommends Gel cushions and inflatable travel pillows make a world of difference
By Catherine Garcia, The Week US Published
-
How safe are cruise ships in storms?
The Explainer The vessels are always prepared
By Devika Rao, The Week US Published
-
Gisèle Pelicot: the case that horrified France
The Explainer Survivor has been praised for demanding a public trial of the dozens of men accused of raping her
By Chas Newkey-Burden, The Week UK Published
-
The #MeToo movements around the world
The Explainer French men have been sharing stories of abuse in the latest calling out of sexual assault and harassment
By The Week Staff Published
-
Rape in the metaverse: a case for the real-life police?
Talking Points Investigation launched into attack on girl in virtual reality game amid warnings that sexual offences 'rife' in online worlds
By Harriet Marsden, The Week UK Published
-
Journalists in UK courts: question of transparency?
Under the radar Proposed changes to justice system include excluding reporters from rape and sexual assault trials
By Harriet Marsden Published
-
Russell Brand: trial by media?
Comedian denies accusations of sexual assault and rape in joint media investigation
By The Week Staff Published
-
Colin Pitchfork: justice secretary attempts to halt killer’s release
Speed Read The double child-murderer has been in and out of prison following a series of parole decisions
By Rebekah Evans Published
-
Man arrested in Scotland is missing US fugitive Nicholas Rossi, court rules
Speed Read Edinburgh court says rape suspect’s claims are ‘scandalous’ and ‘entirely fanciful’
By The Week Staff Published
-
‘Only yes means yes’: Spain’s new sexual consent law
feature Legislation follows outcry over gang-rape case which made global headlines in 2016
By Chas Newkey-Burden Published