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In these situations, the parties do not necessarily consent to marriage (in the case of forced marriage) (Yllö, 2016).Following this logic, if consent is not part of marriage, then it is not necessary for intercourse.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.This concept of women as property permeates current marital rape ideology and laws throughout the globe.In some cultures, marriage is arranged for the purpose of creating access to procreation (Yllö, 2016).

Marriage created conjugal rights between spouses, and marriage could not be annulled except by a private Act of Parliament—it therefore follows that a spouse could not revoke conjugal rights from the marriage, and therefore there could be no rape between spouses.In the US, the wife's legal subordination to her husband was fully ended by the case of Kirchberg v. English common law also had a great impact on many legal systems of the world through colonialism. Marriage was traditionally understood as an institution where a husband had control over his wife's life; control over her sexuality was only a part of the greater control that he had in all other areas concerning her.A husband's control over his wife's body could also be seen in the way adultery between a wife and another man was constructed; for example in 1707, English Lord Chief Justice John Holt described the act of a man having sexual relations with another man's wife as "the highest invasion of property".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.

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