Marital Rape: Legal History, Effects, and Intervention

Introduction and Overview

Marital rape is defined as sexual intercourse without mutual agreement, which can occur through the vagina, anus, or mouth. The definition is not consistent and changes from one country to another (Bergen, 1996; Russell, 1990). Marital rape is marked as one of the most widespread forms of violation against women, with most studies indicating that victims are legally married couples, those separated, divorced, or living together. The basic concept is that different forms of sexual violence between couples who have lived together for an extended period and those who are married operate similarly (Mahoney & Williams, 1998). Although no published literature on marital rape between gay and lesbian couples has been widely found, an emergence of such research is slowly developing (Bergen & Barnhill, 2006).

The extent of marital rape was brought to light by Diana Russell's landmark research conducted in 1990 in San Francisco. The study interviewed a total of 930 women randomly selected from a representative community sample. Rape by intimates was indicated as the most common form, with an estimation that 10 to 14 percent of married women have experienced it (Finkelhor & Yllo, 1985; Russell, 1990). A different study of Canadian women conducted by Randall and Haskell (1995) indicated that 30 percent were sexually violated during their adulthood by intimate partners.

In the United States, more than 7 million women have been victims of marital rape based on results from comprehensive studies of violence against women (Mahoney, Williams & Weast, 2001; Tjaden & Thoennes, 1998). The number of women who continue to become victims of marital rape may be on the rise compared to the past, as most of them have also been victims of physical abuse and are therefore susceptible to becoming victims of rape (Campbell, 1989; Pence & Paymar, 1993). When including women who have been emotionally forced to consent to sex, the prevalence is even more widespread. Basile (2002) found that marital responsibility forced an estimated 34 percent of women to unwillingly consent to sex.

The reality of marital rape emerged in the 1970s, but regardless of its widespread occurrence, social scientists, practitioners, the criminal justice system, and society at large have not shed sufficient light on this form of violence against women (Bergen, 2005). In the present time, some participants still doubt the possibility of a husband raping his wife, with evidence pointing out that a majority rates marital rape as an inferior crime in comparison to other societal forms of rape (Whatley, 2005; Kirkwood & Cecil, 2001). An attitude study conducted among college students indicated that the perception of marital rape scored lower in seriousness compared to rape committed by a stranger. Only half of the population surveyed confirmed that a husband is capable of raping his wife (Bergen & Barnhill, 2006).

This paper provides a summary of current knowledge regarding marital rape. It begins with a brief discussion of the historical background of marital rape and its legal dimensions, followed by an examination of how marital rape occurs and the physical and psychological effects it produces. The paper concludes by discussing how practitioners intervene with survivors of marital rape.

Historical Legal Context of Marital Rape

The rise and development of marital rape awareness has been shaped by the law. In the ancient past, rape was defined as sexual intercourse by a male with a female who is not his wife and has done so without her approval (Barshis, 1983). Having sex with their wives without mutual consent was a privilege most men enjoyed, but this definition of rape would mean that men would not face any criminal charges or prosecution if they raped their wives—a concept that brought the meaning of "license to rape" (Finkelhor & Yllo, 1985).

As long as a woman was married, she held the responsibility of submitting to sexual intercourse with her husband, a notion that originated from England's Chief Justice in the 17th century. He wrote that the husband cannot be held accountable for rape carried out on his legally wedded wife because of their mutual matrimonial agreement and the wife's responsibilities, which she has surrendered to her husband and cannot retract (quoted in Russell, 1990, p. 17). For a long time, this concept of excluding men from the consequences of justice was not opposed until the 1970s. The inability to give equal protection from rape to the entire female population was an argument brought to the table by members of the anti-rape movement (Bergen & Barnhill, 2006).

In states still predominated by male ideologies, spousal exemptions continue to exist in the majority of jurisdictions, with marital rape still enjoying the privilege of being treated as an inferior crime compared to other forms of rape (DeKeseredy, Rogness, & Schwartz, 2004). Cases of marital rape continue to rise due to two main factors: (1) spousal exemption brings the understanding that wives are under the ownership and rule of their husbands and that marriage gives the right to sex, and (2) such aggressive behavior is not punishable in the same manner as other rape cases are (Russell, 1990).

Forms and Occurrence of Marital Rape

Interviews with women sharing their experiences of sexual violence have provided some of the most valuable research on marital rape to date. Women who have never reported their experiences and those who are overrepresented are among the possible limitations that such research may face. This research is not limited by boundaries of age, race, ethnicity, social class, or geographic location. Women are raped by their partners at different ages, with facts showing that two-thirds of wives encountered their first experience of rape when they were below the age of 25 (Russell, 1990). Recent research indicates that marital rape and sexual violence are increasing for women in remote places, although most cases have only been reported in urban areas (Bergen & Barnhill, 2006). The rate of marital rape was shown to be highest for African American women, followed by white women, Latinas, and Asian women.

Apart from the well-known ideology of a simple quarrel between a man and his wife, men often employ violent threats, weapons, and serious physical violence against their wives. The escalation of violence to possible murder is an act that researchers indicate men who both batter and rape are more likely to commit compared to those who only batter; this particular group of men are the most dangerous (Browne, 1987; Campbell, 1989). Different forms of violence usually accompany rape. Assaults involving intercourse of the anus and mouth are also likely to happen more than 20 times before additional violence begins (Bergen & Barnhill, 2006). Such experiences may happen more frequently to women raped by their partners compared to those raped by acquaintances (Peacock, 1995).

Some researchers argue that marital rape and domestic violence are more or less intertwined (Johnson & Sigler, 1997). This is supported by a study on battered women that indicated between 20 and 70 percent have been sexually assaulted at least once (Bergen, 1996; Browne, 1993; Mahoney et al., 1998). Most victims of marital rape are also battered, an argument that supports the idea 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 different ways. For instance, sexual violence may be accompanied by battery, or rape may occur immediately after physical violence in the form of "making up" without the wife's consent (Bergen & Barnhill, 2006).

"Sadistic" or "Obsessive" rape, on the other hand, involves torture. Pornography is the central focus, with the man demanding that his wife copy and perform exactly the same acts shown in movies (Bergen & Barnhill, 2006).

Arguments have emerged that marital rape should not be defined as merely an extension of domestic violence because the idea that led to marital rape recognition has been underestimated in the past. Marital rape should be understood as an independent form of violence because victims of both rape and battery suffer significant trauma, a situation that requires intervention by authorities. In recent studies, many definitions of sexual violence have emerged to understand women's experiences of marital rape that force them into sex either out of obligation or necessity. Finkelhor & Yllo (1985) noted the necessity situations that make women have unwilling sex, such as pressure due to cultural and social expectations of marriage and pressure from threats of denial of money and child support from the husband.

Physical and Psychological Effects

There is a common belief that when raped by a spouse, victims suffer little or no distress. This is totally false. Rape by any other name would still have no justification and would be as traumatizing as any other assault. Research states that injuries resulting from marital rape include fatigue, vomiting, lacerations, torn muscles, soreness, and vaginal and anal injuries.

As a result of fighting back or defending themselves when attacked by their spouses, women end up with severe injuries such as black eyes, knife wounds, broken bones, and bloody noses (Maman, Campbell, Sweat, & Gielen, 2000).

Bladder infections, risk of contracting sexually transmitted infections, infertility, stillbirths, miscarriages, anal tearing, vaginal stretching, pelvic pain, and urinary tract infections are among the gynecological consequences suffered by victims of marital rape. Unwanted pregnancies usually result from an inability to use contraception after being threatened by their partners, with abusers refusing to wear condoms. This has also increased the risk of contracting sexually transmitted diseases. According to research, a large percentage of marital rape survivors attested to having become pregnant or experienced miscarriages as a result of the ordeal (Bergen & Barnhill, 2006).

Beyond physical consequences, marital rape victims usually suffer serious psychological effects that last for a very long time. The likelihood of multiple sexual abuses following the first event is high and causes most victims to become totally withdrawn. The fact that this violent act is inflicted by someone they truly loved and cared for makes the psychological trauma more severe. At first, the survivor is likely to experience shock, suicidal ideation, depression, anxiety, fear, post-traumatic stress disorder, and lack of sleep (Bergen & Barnhill, 2006).

The psychological effects of victims raped by loved ones are higher compared to women sexually abused by strangers or victims of physical violence. For a long period, victims are likely to experience flashbacks of the ordeal, resulting in disinterest in sex and emotional suffering. Research also lists other long-term effects such as low self-esteem, depression, sleep problems, and severe disruption of one's social life (Bergen & Barnhill, 2006).

Very few researchers have explored the impact of marital rape on children, and those who have dealt with it have come up short. In a study conducted by Campbell and Alford (1989), about 18 percent of rape survivors said they happened to witness the act, while another 5 percent testified that their children were forcefully incorporated into the act by their partners (Bergen & Barnhill, 2006).

Conclusion and Future Directions

The amount of attention that marital rape cases receive is probably a fraction of what they deserve considering the grave nature of their consequences. The fact that this crime is committed repeatedly results in long-term psychological trauma for survivors and physical consequences that may take forever to heal. Other than waiting for the crime to happen and then planning to counsel victims, it is important to tackle the violence itself and help prevent it. A good approach would be by undoing the many myths regarding women's role in society and empowering them about their rights. Men, on their part, should be held accountable for speaking up against this cruel act of selfishness that only reeks of cowardice.

Society as a whole should be called to task on the many misconceptions that are passed from generation to generation as years go by. If marital rape is to stop being buried, it would take the effort of all involved parties to bring it to light. Rather than just being looked at and frowned upon, marital rape needs to be addressed with the seriousness it deserves. Many family units are failing due to this violent act that most people have chosen to ignore (Karadas, 2008). This remains unfortunate and will likely continue unless systemic and cultural change occurs.