Origins of the Marital Rape Exemption

360 Origins of the Marital Rape Exemption

Intimate Partner Sexual Abuse
Adjudicating This Hidden Dimension of Domestic Violence Cases
National Judicial Education Program


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Module IV: Statutory Constraints

Origins of the Marital Rape Exemption

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Module IV

Table of Contents and Learning Objectives

Origins of the Marital Rape Exemption

Property Theory

Unity Theory

Ongoing Consent Theory

State Law Reforms

Categories Of Immunity

Extra Requirements

Interspousal Tort Immunity

Interspousal Tort Immunity (cont'd)

Self Test and Answers: Statutory Constraints

Reflection Questions: Statutory Constraints

Key Points: Statutory Constraints

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Module IV: Statutory Constraints

Origins of the Marital Rape Exemption

Origins of the Marital Rape Exemption

Although the complete marital rape exemption has now been eliminated in state, federal, and military law, this was an extremely slow evolution that began in 1976 and extended over several decades. Three legal rationals were offered for the complete marital rape exemption:

The property theory
The unity theory
The ongoing consent theory

Module IV → Origins of the Marital Rape Exemption
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