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.
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.
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.
In many countries, it is still unclear whether marital rape is covered by the ordinary rape laws, but in some it may be covered by general statutes prohibiting violence, such as assault and battery laws.
One of the origins of the concept of a marital exemption from rape laws (a rule that a husband cannot be charged with the rape of his wife) is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it.
Marital rape (also known as spousal rape and rape in marriage) is non-consensual sex (i.e., rape) in which the perpetrator is the victim's spouse.
It is a form of partner rape, domestic violence and sexual abuse.
Once widely unrecognized by law and society as a crime or wrongdoing, marital rape is now opposed by many societies around the world, repudiated by international conventions, and increasingly criminalized.
The issues of sexual and domestic violence within marriage and the family unit, and more generally, the issue of violence against women, have come to growing international attention from the second half of the 20th century.
Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated.
Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that forced sexual intercourse in marriage is illegal.
Marital rape is more widely experienced by women, though not exclusively.
Despite the popular understanding that marital rape is a one-time occurrence, it is often a chronic form of violence for the victim which takes place within abusive relations.