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The issues of sexual and domestic violence within marriage and the family unit, and more specifically, 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.

Following this logic, if consent is not part of marriage, then it is not necessary for intercourse.This view was described by Sir Matthew Hale (1609-1676) in History of the Pleas of the Crown, published posthumously in 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".Also, American and English law subscribed until the 20th century to the system of coverture, that is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband. 455 (1981), a United States Supreme Court case in which the Court held a Louisiana Head and Master law, which gave sole control of marital property to the husband, unconstitutional.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.In English customs, "bride capture" (a man claiming a woman through rape) was thought to be stealing a father's property by raping his daughter.

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