{"id":79302,"date":"2022-07-12T09:17:34","date_gmt":"2022-07-12T09:17:34","guid":{"rendered":"https:\/\/www.marriage.com\/advice\/?p=79302"},"modified":"2026-03-31T09:46:13","modified_gmt":"2026-03-31T09:46:13","slug":"marital-rape-all-you-need-to-know","status":"publish","type":"post","link":"https:\/\/www.marriage.com\/advice\/domestic-violence-and-abuse\/marital-rape-all-you-need-to-know\/","title":{"rendered":"What Is Marital Rape? All That You Should Know"},"content":{"rendered":"\n

\"Stop<\/p>\n

Rape and <\/span>sexual assault<\/span><\/a> can take many forms. Sometimes, it is a random occurrence between strangers, but it is actually more common for a woman to experience spousal rape, as <\/span>statistics <\/span><\/a>show that 51.1% of female rape victims are raped by an intimate partner. <\/span><\/p>\n

So, what is marital rape? Learn the answer, as well as how to get help for yourself or a loved one, below. <\/span><\/p>\n

<\/span>What is marital rape?<\/b><\/span><\/h2>\n

Rape in marriage may seem like a strange concept, but the truth is that spousal rape does occur. In fact, <\/span>prior to the 1970s<\/span><\/a>, marital rape was not a criminal act in most states because spouses were exempt from sexual assault laws.  <\/span><\/p>\n

As of today, spousal rape is a crime in all 50 states, but some have only outlawed this act relatively recently. For example, up until 1993, the law in North Carolina stipulated that a person could not be prosecuted for sexual assault if the victim was the legal spouse of the perpetrator. <\/span><\/p>\n

So, what is marital rape? It is just like any other type of rape, but it occurs within the context of a marriage.  Marital rape occurs when one spouse forces the other to have sex without consent. <\/span><\/p>\n

A marital rape definition is as follows: <\/span>Any act of unwanted intercourse or sexual penetration that occurs with force, threats, or due to the victim’s incapacitation (such as being asleep or intoxicated). <\/b><\/p>\n

In some states, marital sexual assault is treated as a separate crime from sexual assault that occurs outside of marriage. Perpetrators may receive lighter sentences for marital sexual assault. For instance, in California, there is no mandatory prison sentence for someone who is convicted of committing rape in marriage.<\/span><\/p>\n

Related Reading: <\/i><\/b>Sexual Abuse in Marriage – Is There Really Such a Thing?<\/span><\/i><\/a><\/pre>\n
<\/span>Is spousal rape still considered rape? <\/b><\/span><\/h2>\n
\"woman<\/p>\n
It is not uncommon for people to ask, “Is it rape if you’re married?” Prior to the passage of laws that banned sexual assault in a marriage, some people believed that spousal rape did not fit the criteria for rape. This is an egregious misconception. <\/span><\/p>\n
The term “rape” refers to any instance in which one person forces another to have sex against their will.<\/span><\/p>\n
If your spouse forces you to have sex or engage in a sexual act that you do not consent to, it still counts as rape, even if you are married to the person<\/b>. In fact, sexual assault within a marriage is a form of <\/span>intimate partner violence<\/span><\/a>.<\/span><\/p>\n
When people exchange <\/span>marital vows<\/span><\/a>, they promise to love, honor, and care for each other in times of sickness and health. They do not agree that one or both partners are entitled to sex when the other says no. <\/span><\/p>\n
That being said, the answer to, “Can your husband rape you?” is a resounding yes. If a husband (or wife, for that matter) uses force to <\/span>initiate sex<\/span><\/a> or takes advantage of the other when they are incapacitated, this fits the criteria for rape. <\/span><\/p>\n
Learn more about why marital rape is still considered rape in this video: <\/span><\/i><\/p>\n