The Sex Right: A Legal History of the Marital Rape Exemption

@article{Ryan1995TheSR,
  title={The Sex Right: A Legal History of the Marital Rape Exemption},
  author={Rebecca M. Ryan},
  journal={Law \&\#x0026; Social Inquiry},
  year={1995},
  volume={20},
  pages={941 - 1001}
}
  • R. Ryan
  • Published 1 October 1995
  • Law, History
  • Law & Social Inquiry
How did the American legal elite come to reject the husband's privilege to rape his wife. What is the significance of that rejection. This essay traces theories justifying the marital rape exemption from the 17th century, focusing on the period following World War II. The history illustrates how the postwar legal elite's limited progressivism created inconsistent arguments that left the exemption open for attack, an attack that came from within the 1970s feminist movement. Radical feminist… 

Queer Legal History: A Field Grows Up and Comes Out

This essay examines recent scholarship on the legal history of sexuality in the United States. It focuses on Margot Canaday's The Straight State: Sexuality and Citizenship in Modern America (2009)

“Marriage is No Protection for Crime”: Coverture, Sex, and Marital Rape in Eighteenth-Century England

  • L. Cody
  • History
    Journal of British Studies
  • 2022
Abstract If coverture justified patriarchal control and legally erased many aspects of wives’ separate existence, did this mean that husbands in eighteenth-century England also enjoyed absolute

Breaking the wedding vows: Woman-centered critiques of marriage, 1963--1982

This thesis explores woman-centered critiques of marriage during the period of second-wave feminism from 1963 to 1982. It explores the social and cultural, economic, sexual, and legal critiques of

Criminal Law and the Moral Education of Men

For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an

‘… the instrument of an animal function’: Marital Rape and Sexual Cruelty in the Divorce Court, 1858–1908

J. S. Mill, in his foundational essay The Subjection of Women, identified the authority of the husband to enforce his sexual demands upon his unwilling wife as central to the inequities and horrors

A Study on Marital Rape in the Indian Legal Scenario

In spite of the increased recognition of various Penal laws in India, the Marital Rape has generated in the past two to three decades. There is a need for a special law on marital rape in India,

Terrible Silence, Eternal Silence A Consideration of Dinah’s Voicelessness in the Text and Interpretive Traditions of Genesis 34

In this thesis, the author takes a journey through both biblical and contemporary patriarchal cultures, contemplating the commonality of rape survivors’ experiences across space and time, and, in

Rape, Carnal Abuse and Marriage in Jamaica, 1970-2013: Is There Non-Consensual Sex in Marriage?

Introduction: Rape and carnal abuse are heinous crimes that are committed against people and have dual effects that are both shortterm and long-term. Little attention is placed on the psychosocial

The Use of Sexual Assault as a Weapon in Marriage and Legal Separation: Male Crisis Theory

Introduction: There is a growing body of research regarding sexual assaults across the globe. However, limited literature exists regarding these types of assaults that all too frequently occur among

The Changing Boundaries of the Criminal Justice System : Redefining the Problem and the Response in Domestic Violence

Domestic violence, particularly male violence against female partners, has been the focus of tremendous public and policy attention over the past two decades. It is now conventional wisdom that

References

SHOWING 1-10 OF 13 REFERENCES

Divorce Reform at the Crossroads

California passed the first pure no-fault divorce law in the United States and some form of no-fault has been adopted in every state - but the divorce revolution it launched remains unfinished. Now

Two Treatises of Government

Peter Laslett's edition of Locke's "Two Treatises of Government" is widely recognised as one of the classic pieces of recent scholarship in the history of ideas, and has been read and used by

had amended their rape statutes. Delaware, Florida, and Nebraska also had no spousal exclusion for rape in 1980. For a complete summary of state rape statutes in 1980, see Leigh Bienen

  • 15 Family L.Q
  • 1980

Why Are There Two Rape Statutes in California?" (unpub