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Following this line of logic, a woman was (and still is in many cultures across the globe) first the property of her father, then, upon marriage, the property of her husband (Bergen, 2016).
Therefore, a man could not be prosecuted for raping his own wife because she was his possession (Schelong, 1994).
In some cultures, marriage is arranged for the purpose of creating access to procreation (Yllö, 2016).
In these situations, the parties do not necessarily consent to marriage (in the case of forced marriage) (Yllö, 2016).
Marital rape (or spousal rape) is the act of sexual intercourse with one's spouse without the spouse's consent.
It is a form of domestic violence and sexual abuse.
The reluctance to criminalize and prosecute marital rape has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about male and female sexuality, and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world.
These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgment of the woman's right to self-determination (i.e., control) of all matters relating to her body, and the withdrawal of the exemption or defense of marital rape.Marital rape is often a chronic form of violence for the victim which takes place within abusive relations.It exists in a complex web of state governments, cultural practices, and societal ideologies which combine to influence each distinct instance and situation in varying ways.Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely recognized by law and society as a wrong and as a crime.It is recognized as rape by many societies around the world, repudiated by international conventions, and increasingly criminalized.Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination.The property to be withheld in a female was her virginity; this was the commodity (Bergen, 2016).Most countries criminalized marital rape from the late 20th century onward—very few legal systems allowed for the prosecution of rape within marriage before the 1970s.Criminalization has occurred through various ways, including removal of statutory exemptions from the definitions of rape, judicial decisions, explicit legislative reference in statutory law preventing the use of marriage as a defense, or creating of a specific offense of marital rape.This was illustrated most vividly by Sir Matthew Hale, (1609-1676), in his legal treatise Historia Placitorum Coronæ or History of the Pleas of the Crown (posthumously, 1736) where he wrote that "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract." Sir Matthew Hale's statement in History of the Pleas of the Crown did not cite any legal precedent though it likely relied on earlier standards.In a case of Lord Audley's (1488-1544), for instance, his citation of the jurist Bracton (c. 1268) supports this rule, said to have derived from laws of King Æthelstan (r.