What constitutes marital rape?

Marital rape is also known as spousal rape.  Marital rape is non-consensual sexual intercourse where the perpetrator is the victim’s spouse.  Consult your state’s laws regarding marital rape to find out what constitutes marital rape.

It was not until the late 1970s that most states started considering marital rape a crime.  Before this time, spouses were exempted under the sexual assault and rape statutes.  This exemption was based on the archaic (and in some cases, sexist) idea that a spouse cannot “rape” his or her spouse because of their marital agreement and consent. 

Today, marital rape is a crime in every state and the District of Columbia.  Among the states there are 3 different ways the crime of marital rape is handled.  Most states have simply removed the marital rape exemption that was previously in the sexual assault and rape statutes.  Other states actually modified the statutes with language specifying that marriage to the victim is not a defense.  A few other states created an entirely new and separate offense for spousal rape.

If you are a victim of marital rape it is important for you to contact a qualified attorney.  You are not alone.  You have rights and a skilled attorney help ensure these rights are protected.