Legal Definitions - spousal rape

Spousal rape refers to the act of one spouse committing a sexual assault against the other spouse without their consent. This means engaging in any sexual act, including penetration, when the victim has not freely and willingly agreed to participate. Historically, many legal systems did not recognize spousal rape as a crime, but modern laws in most jurisdictions now acknowledge that marriage does not imply automatic consent to sexual activity and that a spouse can indeed be a victim of sexual assault by their partner.

Here are some examples illustrating spousal rape:

• Example 1: Coercion through threats

  A husband demands sex from his wife, threatening to reveal embarrassing personal information about her to her employer if she refuses. Fearing the professional consequences, she complies.

  Explanation: Even though they are married, the wife's consent was not freely given but coerced through threats. This constitutes spousal rape because the sexual act occurred without her genuine, voluntary agreement.

• Example 2: Incapacitation due to illness

  A wife returns home severely ill with a high fever, disoriented, and barely conscious. Her husband initiates sexual activity with her while she is in this state, knowing she is unable to understand or agree to it.

  Explanation: The husband engaged in sexual activity with his wife when she was incapacitated and unable to give consent due to her illness. Her inability to consent makes the act spousal rape, regardless of their marital status.

• Example 3: Withdrawal of consent

  A couple is engaged in sexual activity, and one partner explicitly states, "No, I want to stop now." The other partner ignores this clear withdrawal of consent and continues the sexual act.

  Explanation: Consent must be ongoing and can be withdrawn at any point. When one partner clearly communicates a desire to stop, and the other continues, it becomes a non-consensual act, qualifying as spousal rape.