Marital Rape: History, Effects, and Survivor Interventions

Introduction: Prevalence and Social Recognition

Marital rape is defined as sex without mutual agreement, which can occur through vaginal, anal, or oral penetration. The definition is not consistent and changes from one country to another (Bergen, 1996; Russell, 1990). Marital rape is recognized as one of the most widespread forms of violation against women, with most studies indicating that victims include legally married couples as well as those who are separated, divorced, or cohabiting. The basic concept is that the different forms of sexual violence between couples who have lived together for a long time and those who are married remain fundamentally the same (Mahoney & Williams, 1998). Although no publications specifically addressing marital rape among gay and lesbian couples had been found at the time of earlier studies, an emergence of such literature was slowly developing (Bergen & Barnhill, 2006).

The extent of marital rape was brought to light by Diana Russell's research conducted in 1990 in San Francisco. The study interviewed a total of 930 women selected randomly from a well-representative community sample. Rape by intimates was identified as the most common form, with an estimated 10 to 14% of married women having been victims (Finkelhor & Yllo, 1985; Russell, 1990). A separate study of Canadian women conducted by Randall and Haskell (1995) indicated that 30% had been sexually violated in adulthood by their intimate partners.

In the United States, more than 7 million women have been victims of marital rape based on the results of a study on violence against women (Mahoney, Williams & West, 2001; Tjaden & Thoennes, 1998). The number of women who continue to become victims of marital rape may be rising compared to the past, in part because many of them have already been victims of physical abuse and are therefore more susceptible to rape (Campbell, 1989; Pence & Paymar, 1993). If the number of women who have been emotionally coerced into consenting to sex is included, the scale is even greater. Basile (2002) found that perceived marital responsibility caused an estimated 34% of women to unwillingly consent to sex.

The reality of marital rape came into public awareness in the 1970s, but despite its widespread occurrence, social scientists, practitioners, the criminal justice system, and society as a whole have not shed sufficient light on this form of violence against women (Bergen, 2005). Even today, some individuals still doubt the possibility of a husband raping his wife, with evidence indicating that many rate marital rape as an inferior crime compared to other forms of rape (Whatley, 2005; Kirkwood & Cecil, 2001). An attitude study conducted among college students indicated that marital rape was perceived as less serious than rape committed by a complete stranger. Only half of participants confirmed that a husband is capable of raping his wife (Bergen & Barnhill, 2006).

This paper provides a summary of current knowledge on marital rape. It includes a brief discussion of the historical background of marital rape, how marital rape occurs, the effects it produces, and how practitioners can intervene with survivors.

History of Marital Rape in Relation to Law

The rise and development of marital rape as a legal concept has been shaped by the law itself. In the ancient past, rape was defined as sexual intercourse by a male with a female who was not his wife and who had not given her approval (Barshis, 1983). This definition meant that men who had sex with their wives without mutual consent faced no criminal charges or prosecution — a concept described as a "license to rape" (Finkelhor & Yllo, 1985).

The notion that a married woman holds the responsibility of submitting to sex with her husband was formalized in the 17th century, when England's Chief Justice wrote that a husband cannot be held accountable for raping his legally wedded wife. This was justified on the grounds of their mutual matrimonial agreement and the responsibilities the wife had surrendered to her husband — responsibilities she could not retract (quoted in Russell, 1990, p. 17). This concept of excluding husbands from criminal liability went largely unchallenged until the 1970s, when members of the anti-rape movement argued that women were being denied equal protection from sexual violence under the law (Bergen & Barnhill, 2006).

In states still predominated by patriarchal ideologies, spousal exemptions persist, and marital rape continues to be treated as an inferior crime compared to other forms of rape (DeKeseredy, Rogness, & Schwartz, 2004). Cases of marital rape continue to occur partly because of two main factors: first, spousal exemption reinforces the notion that wives are under the ownership and rule of their husbands and that marriage confers the right to sex; and second, such acts of aggression are not prosecuted as vigorously as other rape cases (Russell, 1990).

How Marital Rape Occurs and Its Different Forms

Interviews in which women share their experiences of sexual violence have provided much of the most valuable research on marital rape. Potential limitations of this research include the under-representation of women who have never reported their experiences and the fact that samples may not reflect the full diversity of age, race, ethnicity, social class, or geographic location. Women are raped by their partners across a wide range of ages; Russell (1990) found that two-thirds of wives who experienced marital rape did so for the first time before the age of 25. Recent research also indicates that marital rape and sexual violence are increasing among women in rural areas, even though most reported cases have come from urban settings (Bergen & Barnhill, 2006). Studies have shown that rates of marital rape are highest among African-American women, followed by white women, Latinas, and Asian women.

Beyond the common misconception that marital rape involves only verbal conflict between a husband and wife, men frequently employ violent threats, weapons, and serious physical violence against their wives. Researchers indicate that men who both batter and rape are more likely to escalate their violence toward homicide than those who only batter, making this group particularly dangerous (Browne, 1987; Campbell, 1989). Various forms of violence often accompany rape. Anal and oral assault are also documented occurrences and may take place many times before other forms of violence emerge (Bergen & Barnhill, 2006). Women raped by their intimate partners are more likely to experience multiple and repeated assaults compared to women raped by acquaintances (Peacock, 1995).

Battered, Sadistic, and Obsessive Rape

Some researchers argue that marital rape and domestic violence are closely interconnected (Johnson & Sigler, 1997). Research on battered women has revealed that between 20% and 70% have been sexually assaulted at least once (Bergen, 1996; Browne, 1993; Mahoney et al., 1998). The fact that most victims of marital rape are also battered supports the argument that marital rape is a form of domestic violence (Bergen & Barnhill, 2006).

Women who are victims of both rape and battery experience physical and sexual violence in varied and intertwined ways. For instance, sexual violence may accompany physical battery, or rape may follow physical assault as a form of "making up" — without the wife's consent (Bergen & Barnhill, 2006).

"Sadistic" or "obsessive" rape involves torture and degradation. Pornography often plays a central role, with the man demanding that the wife replicate acts depicted in such material (Bergen & Barnhill, 2006).

Some scholars argue that marital rape should not be defined merely as an extension of domestic violence, on the grounds that this framing has historically led to its underestimation. Marital rape should be understood as an independent form of violence because victims of rape and battery suffer overlapping but distinct forms of trauma that require targeted responses from authorities. Recent research has expanded definitions of sexual violence to better capture women's experiences of marital rape, including situations where women are coerced into sex out of obligation or material need. Finkelhor and Yllo (1985) identified specific necessity situations — such as cultural and social pressure attached to the marital role, and threats of withdrawal of financial support or child support — that lead women to comply with unwanted sex.

Conclusion and Future Directions

The amount of attention that marital rape cases receive is far less than the gravity of the crime warrants. The fact that this crime is committed repeatedly results in long-term psychological trauma for survivors and physical consequences that may persist for years. Rather than waiting for the crime to occur before providing counseling, it is essential to address the conditions that enable violence and to prevent it from happening in the first place. One important strategy is dismantling the myths surrounding women's roles in society and empowering women to understand and assert their rights. Men, too, should be challenged to speak out against this cruel and cowardly act.

Society as a whole must confront the many misconceptions that are passed down across generations. If marital rape is to be effectively addressed, it will require the collective effort of all stakeholders. Marital rape must be treated with the seriousness it deserves — not merely acknowledged and condemned, but actively confronted. Many family units are failing because of this violent act that too many people continue to ignore (Karadas, 2008). This remains an urgent and unresolved challenge that demands sustained attention from all sectors of society.

Bibliography

Adams, C. J. (1993). I just raped my wife! What are you going to do about it, pastor? In E. Buchwald, P. R. Fletcher, & M. Roth (Eds.), Transforming a rape culture (pp. 57–86). Minneapolis, MN: Milkweed Editions.

Barshis, V. (1983). The question of marital rape. Women's Studies International Forum, 6, 383–393.

Basile, K. C. (2002). Prevalence of wife rape and other intimate partner sexual coercion in a nationally representative sample of women. Violence and Victims, 17(5), 511–524.

Bergen, R. K. (2005). Studying wife rape: Reflections on the past, present and future. Violence against Women, 10, 1407–1416.

Bergen, R. K. (1996). Wife rape: Understanding the response of survivors and service providers. Thousand Oaks, CA: Sage.

Bergen, R. K., & Barnhill, E. (2006). Marital rape: New research and directions. National Online Resource Center on Violence against Women, 1–13.

Bohn, D., & Parker, B. (1993). Domestic violence and pregnancy: Health effects and implications for nursing practice. In J. Campbell & J. Humphreys (Eds.), Nursing care of survivors of family violence (pp. 156–172). St. Louis, MO: C.V. Mosby.

Browne, A. (1987). When battered women kill. New York: The Free Press.

Browne, A. (1993). Report of the council on scientific affairs. I-91. Prepared for the American Medical Association.

Campbell, J. C. (1989). Women's responses to sexual abuse in intimate relationships. Health Care for Women International, 10, 335–346.

Campbell, J. C., & Alford, P. (1989). The dark consequences of marital rape. American Journal of Nursing, 89, 946–949.

DeKeseredy, W., Rogness, M., & Schwartz, M. (2004). Separation/divorce sexual assault: The current state of social scientific knowledge. Aggression and Violent Behavior, 9, 675–691.

Finkelhor, D., & Yllo, K. (1985). License to rape: Sexual abuse of wives. New York: Holt, Rinehart, & Winston.

Johnson, I., & Sigler, R. (1997). Forced sexual intercourse in intimate relationships. Brookfield, VT: Dartmouth/Ashgate.

Karadas, C. (2008). A comparative study: Development of marital rape as a crime in USA, UK and Turkey. Turkish Journal of Police Studies, 113–123.

Kirkwood, M. K., & Cecil, D. K. (2001). A student assessment of rape laws and marital exemption. Violence against Women, 7, 1234–1253.

Mahoney, P., & Williams, L. M. (1998). Sexual assault in marriage: Prevalence, consequences and treatment of wife rape. In J. Jasinski & L. Williams (Eds.), Partner violence: A comprehensive review of 20 years of research (pp. 113–162). Thousand Oaks, CA: Sage.

Mahoney, P., Williams, L. M., & West, C. M. (2001). Violence against women by intimate relationship partnerships. In C. Renzetti, J. Edleson, & R. Bergen (Eds.), Sourcebook on violence against women (pp. 143–178). Thousand Oaks, CA: Sage.

Maman, S., Campbell, J., Sweat, M. D., & Gielen, A. C. (2000). The intersections of HIV and violence: Directions for future research and interventions. Social Science and Medicine, 50, 459–478.

Pence, E., & Paymar, M. (1993). Education groups for men who batter: The Duluth model. New York: Springer.

Peacock, P. L. (1995). Marital rape. In V. Wiehe & A. Richards (Eds.), Intimate betrayal (pp. 55–73). Thousand Oaks, CA: Sage.

Randall, M., & Haskell, L. (1995). Sexual violence in women's lives. Violence against Women, 1(1), 6–31.

Russell, D. E. H. (1990). Rape in marriage. New York: Macmillan Press.

Tjaden, P., & Thoennes, N. (1998). Prevalence, incidence and consequences of violence against women: Findings from the national violence against women survey (NCJ 172837). Washington, DC: U.S. Department of Justice.

Whatley, M. (2005). The effect of participant sex, victim dress, and traditional attitudes on causal judgments for marital rape victims. Journal of Family Violence, 20, 191–200.