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Forced sexual intercourse is as old as human history. However, it has not always been viewed as a crime against the victim. Early in history, the institution of marriage was clearly supported by attitudes that defined the man as the authoritarian figure responsible for controlling and dominating the woman. Prior to marriage, a woman was the property of her father or male guardian; this ownership was transferred to the husband when she married. A woman's role in society was defined by her ability to function in a subservient position and to procreate. These attitudes facilitated the perception of rape as a property crime rather than a crime of personal violence.

Forced sexual intercourse in a marital relationship only recently became a crime. The difficulty of making the rape of a wife by her husband a crime was directly related to the view that the submission of a wife to her husband's sexual urges was dictated by the marriage certificate. The marital relationship negated the issue of consent that is so important in other types of rape. Consent was not an issue; marriage vows gave husbands the right to engage in sexual intercourse with their wives, with or without their consent. In comparison to theoretical and empirical research on date rape, research on marital rape is somewhat limited. It is important to note, however, that marital rape does occur and that victims of both marital and date rape are victims regardless of their relationship to the perpetrator.

Definition

The word rape is derived from the Latin rapere, meaning “to steal, seize, or carry away.” In early history, forcible rape was an acceptable way for a man to secure a wife: A man took possession of a woman, raped her, and then brought her into the tribe as his wife. In ancient German society, bride purchase was common. In this society, a marriageable girl was auctioned by her father or male guardian to the highest bidder. This system supported the status of women as property. Rape was viewed not as a crime against the woman but as an act of theft. The institution of marriage, in some areas, appears to have been institutionalized by the abduction and forcible rape of women, as well as the auction of marriageable women to the highest bidder (Brownmiller 1975).

Marital rape is defined as the unlawful sexual penetration of a spouse or ex-spouse against her will, by means of force, intimidation, or fear (Russell 1990; Pagelow 1984). Historically, the definition of rape has focused primarily on forced sexual intercourse perpetrated by a stranger, facilitated by threats to kill or injure the victim. This definition made it difficult to later criminalize marital and date rape, because the victim and perpetrator were acquainted. The existence of a previous intimate relationship was one of many obstacles that prevented the criminalization of marital rape until the 1970s.

History

For centuries, the rape of a woman by her husband was not legally or socially defined as forced sexual intercourse. A wife was defined by law and society as property, with which her husband might do as he wished. The “marital rape exemption” (Russell 1984) was used by courts and society to maintain forced sexual intercourse perpetrated by a husband against his wife as a private act, beyond the interest of the state. A husband could not be prosecuted for the rape of his wife. This prosecutorial immunity was reinforced by Sir Matthew Hale, a seventeenth-century English jurist, and by William Blackstone, the great English legal scholar. Both held that the legal existence of a woman was suspended by mutual matrimonial consent, giving the husband not only the right but the duty to have sexual intercourse with her whenever he desired (Waggoner 1992). In effect, a marriage license became a license to rape (Eskow 1996; Drucker 1979).

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