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Applied Research Forum
                                                 National Electronic Network on Violence Against Women




                                          Marital Rape
                                    Raquel Kennedy Bergen, Ph.D.
                                               March 1999

INTRODUCTION
        While the legal definition varies within the    that between one third and one half of battered
United States, marital rape can be defined as any       women are raped by their partners at least once
unwanted intercourse or penetration (vaginal, anal,     (Bergen, 1996; Browne, 1993; Campbell, 1989).
or oral) obtained by force, threat of force, or when             Despite the prevalence of marital rape, this
the wife is unable to consent (Bergen, 1996;            problem has received relatively little attention from
Pagelow, 1984; Russell, 1990). Most studies of          social scientists, practitioners, the criminal justice
marital rape have included couples who are legally      system, and larger society as a whole. In fact it
married, separated, divorced or cohabiting with the     was not until the 1970’s that we began, as a soci-
understanding that the dynamics of sexual violence      ety, to acknowledge that rape in marriage could
in a long-term cohabiting relationship are similar      even occur. Despite this acknowledgement and
to those of a married couple (Mahoney & Will-           the recent changes in legislation that have
iams, 1998). For this reason, this document will        criminalized rape in marriage, there is still much
include women who are raped by their current            that we do not know about this type of intimate
marital partners, previous marital partners, and        violence. The intent of this report is to briefly sum-
cohabitors as survivors of marital rape. To date,       marize what we do know about rape in marriage
no study of marital rape has included cohabiting        (for a comprehensive review of the literature on
gay and lesbian couples. Diana Russell’s (1990)         marital rape see Mahoney & Williams, 1998). This
landmark study of sexual assault that involved in-      report will provide an overview of the research on
terviews with 930 women in a randomly selected          marital rape with (1) a brief legal history of mari-
representative community sample in San Francisco        tal rape; (2) a discussion of the occurrence of mari-
established that marital rape is a serious problem      tal rape; (3) a summary of the effects of marital
that millions of women face each year. Research-        rape; and (4) an analysis of practitioners’ interven-
ers estimate that between 10% and 14% of mar-           tions with marital rape survivors.
ried women experience rape in marriage (Finkelhor
& Yllo, 1985; Russell, 1990). When researchers          A BRIEF LEGAL HISTORY OF MARITAL RAPE
have examined the prevalence of different types                 Much of the scholarly attention that has
of rape, they have found that marital rape accounts     been given to marital rape has emerged from the
for approximately 25% of all rapes (Randall &           legal community. This has occurred because
Haskall, 1995; Resnick, Kilpatrick, Walsh, &            throughout the history of most societies, it has been
Vernon, 1991). Rape in marriage is an extremely         acceptable for men to force their wives to have sex
prevalent form of sexual violence, particularly         against their will. The traditional definition of rape
when we consider that women who are involved            in the United States most commonly was, “sexual
in physically abusive relationships may be espe-        intercourse with a female not his wife without her
cially vulnerable to rape by their partners. Studies    consent” (Barshis, 1983, p. 383). As Finkelhor and
using clinical samples of battered women reveal         Yllo (1985) have argued, this provided husbands

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with an exemption from prosecution for raping           1990).
their wives—a “license to rape” (See Drucker,
1979; Eskow, 1996; and Sitton, 1993, for a dis-         THE OCCURRENCE OF MARITAL RAPE
cussion of the marital exemption). The foundation               To date, the best research on marital rape
of this exemption can be traced back to statements      has come from interviews with women about their
made by Sir Matthew Hale, Chief Justice in 17th         experiences of sexual violence. This body of re-
century England. Hale wrote, “The husband can-          search has its limitations (it may not represent those
not be guilty of a rape committed by himself upon       women who are raped by their husbands for years
his lawful wife, for by their mutual matrimonial        but never talk about it; and it may over-represent
consent and contract, the wife hath given herself       women who are raped and battered because
in kind unto the husband which she cannot retract”      samples of women in battered women’s shelters
(quoted in Russell, 1990, p.17). This established       are frequently used); however, it has provided us
the notion that once married, a woman does not          with important information about how some
have the right to refuse sex with her husband. This     women experience rape in marriage. Information
rationale remained largely unchallenged until the       about marital rape will be presented in the follow-
1970’s when some members of the women’s move-           ing sections: (1) social characteristics of survivors;
ment argued for the elimination of the spousal ex-      (2) types of marital rape; and (3) risk factors of
emption because it failed to provide equal protec-      marital rape.
tion from rape to all women (Bidwell & White,
1986; Finkelhor & Yllo, 1985).                          Social Characteristics of
         On July 5, 1993, marital rape became a         Marital Rape Survivors
crime in all 50 states, under at least one section of            Marital rape occurs in all types of marriages
the sexual offense codes. In 17 states and the Dis-     regardless of age, social class, race or ethnicity.
trict of Columbia, there are no exemptions from         In the largest study, Russell (1990) found that
rape prosecution granted to husbands. However,          women were raped by their partners at a variety of
in 33 states, there are still some exemptions given     ages; however, almost two-thirds of the wives were
to husbands from rape prosecution. When his wife        first raped by their husbands when they were un-
is most vulnerable (e.g., she is mentally or physi-     der the age of 25. Social class is a more difficult
cally impaired, unconscious, asleep, etc.) and is       variable to measure and the literature is less con-
legally unable to consent, a husband is exempt from     clusive. Russell (1990) found that women in the
prosecution in many of these 33 states (Bergen,         upper middle class were slightly over-represented
1996; Russell, 1990). Table 1, based on the find-       among marital rape survivors while Finkelhor and
ings of the National Clearinghouse on Marital and       Yllo (1985) found that those from lower social-
Date Rape (1998), is a state law chart that indi-       class backgrounds were more likely to report ex-
cates which states have some exemptions from            periencing marital rape. With regard to race,
prosecuting husbands for rape. The existence of         Russell (1990) found that the rate of marital rape
some spousal exemptions in the majority of states       was slightly higher for African-American women
indicates that rape in marriage is still treated as a   than white women, Latinas, and Asian women,
lesser crime than other forms of rape. This per-        respectively.
petuates marital rape by conveying the message                   Research has also revealed some variation
that such acts of aggression are somehow less rep-      with regard to women’s decisions to leave their
rehensible than other types of rape. Importantly,       husband-rapists. Latinas were less likely than other
the existence of any spousal exemption indicates        women to immediately define their experiences of
an acceptance of the archaic understanding that         forced sex as “rape” and terminate their relation-
wives are the property of their husbands and the        ships; some viewed sex as a marital obligation
marriage contract is an entitlement to sex (Russell,    (Bergen, 1996). Russell (1990) found that white

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women were less likely to stay with their husband-      being overlooked as a distinctive problem (for more
rapists than African-American, Latina, and Asian        on this debate see Bergen, 1996; Russell, 1990).
women. Economic resources played a particularly         It is necessary to recognize marital rape as a dis-
significant role in women’s ability to leave as those   tinctive problem because for many women who
women who were most likely to leave their hus-          are battered and raped, the sexual violence is par-
band-rapists were the ones who were financially         ticularly devastating and that trauma must be ad-
independent (Russell, 1990). Russell’s research         dressed specifically by service providers (Finkelhor
also revealed that traditional wives (measured by       & Yllo, 1985). Additionally, it is problematic to
conformity to traditional female sex roles) were        assume that marital rape survivors are all battered
more likely to blame themselves for the violence        wives because this ignores the reality that some
and stay with their husbands. The lack of racial,       women are raped by their husbands but do not ex-
ethnic, and cultural diversity in samples of marital    perience other forms of violence. It must be reiter-
rape survivors makes generalizations difficult;         ated that most of the research on marital rape has
however, these findings point to the importance of      been conducted with battered women. This meth-
addressing cultural variation and differential un-      odological problem may overstate the extent to
derstandings of what constitutes one’s wifely duty.     which women are both battered and raped by their
                                                        partners. Indeed, Russell (1990) found that four
Types of Marital Rape                                   percent of women in her sample who had ever been
        It appears that marital rape is most likely     married had been raped by their partners but not
to occur in relationships characterized by other        battered. In what Finkelhor and Yllo (1985) have
forms of violence. This has led some researchers        called “force-only rape,” husbands use only the
to argue that marital rape is “just one extension of    amount of force necessary to coerce their wives;
domestic violence” (Johnson & Sigler, 1997, p. 22).     battering may not be characteristic of these rela-
On one hand, viewing rape in marriage as a form         tionships. Forty percent of Finkelhor and Yllo’s
of domestic violence is logical given that research-    sample of women were victims of “force-only
ers have found that the majority of women who           rape.” Thus, to categorize marital rape only as an
are raped by their partners are also battered. In       extension of domestic violence excludes these
“battering rapes,” women experience both physi-         women and their experiences. As we will address
cal and sexual violence in the relationship             later, it is important for advocates who are involved
(Finkelhor & Yllo, 1985). Women who are raped           in trying to end violence against women to see
and battered by their partners experience the vio-      marital rape both as a form of rape and of domes-
lence in various ways—e.g. some are battered dur-       tic violence in order to assist survivors.
ing the sexual violence or the rape may follow a                  This assistance may be particularly neces-
physically violent episode where the husband            sary given that women who are raped by their hus-
wants to “make up” and coerces his wife to have         bands are likely to be raped many times—often 20
sex against her will (Bergen, 1996; Finkelhor &         times or more before they are able to end the vio-
Yllo, 1985). Other women experience what has            lence (Bergen, 1996; Finkelhor & Yllo, 1985;
been labeled “sadistic” or “obsessive” rape; these      Russell, 1990). Marital rape survivors not only
assaults involve torture and/or “perverse” sexual       experience a higher number of assaults, but re-
acts and are often physically violent. Pornogra-        search indicates that they are more likely than
phy is frequently involved with sadistic forms of       women raped by acquaintances to experience un-
rape (Bergen, 1996; Finkelhor & Yllo, 1985).            wanted oral and anal intercourse (Peacock, 1995).
        On the other side of this debate, some have     Husbands often rape their wives when they are
argued that marital rape should not be subsumed         asleep, or use coercion, verbal threats, physical
under the heading of domestic violence because          violence, or weapons to force their wives to have
doing so in the past has led to rape in marriage        sex. Importantly, some researchers have found that

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compared to batterers, men who batter and rape         THE EFFECTS OF MARITAL RAPE
are particularly dangerous men and are more likely              Despite the historical myth that rape by
to severely injure their wives and potentially esca-   one’s partner is a relatively insignificant event
late the violence to murder (Browne, 1987;             causing little trauma, research indicates that mari-
Campbell, 1989).                                       tal rape often has severe and long-lasting conse-
                                                       quences for women. The physical effects of mari-
Risk Factors                                           tal rape may include injuries to the vaginal and
        Most researchers of marital rape agree that    anal areas, lacerations, soreness, bruising, torn
rape in marriage is an act of violence - an abuse of   muscles, fatigue and vomiting (Adams, 1993;
power by which a husband attempts to establish         Bergen, 1996). Women who have been battered
dominance and control over his wife. While the         and raped by their husbands may suffer other physi-
research thus far reveals no composite picture of a    cal consequences including broken bones, black
husband-rapist, these men are often portrayed as       eyes, bloody noses, and knife wounds that occur
jealous, domineering individuals who feel a sense      during the sexual violence. Campbell and Alford
of entitlement to have sex with their “property.”      (1989) report that one half of the marital rape sur-
Given this, women appear to be particularly at risk    vivors in their sample were kicked, hit or burned
for being raped by their partners under some cir-      during sex. Specific gynecological consequences
cumstances. As was previously indicated, women         of marital rape include vaginal stretching, miscar-
who are battered are at greater likelihood of being    riages, stillbirths, bladder infections, infertility and
raped by their partners (Frieze, 1983). Addition-      the potential contraction of sexually transmitted
ally, pregnancy appears to be a factor that places     diseases including HIV (Campbell & Alford,
women at higher risk for both physical and sexual      1989).
abuse (Bergen, 1996; Browne, 1993; Campbell,                    Some researchers have compared the psy-
1989). Being ill or recently discharged from the       chological effects of being raped by one’s partner
hospital are also risk factors for women (Campbell     to other forms of violence. Given that women who
& Alford, 1989; Mahoney & Williams, 1998). As          are raped by their partners are likely to experience
research with battered women has previously re-        multiple assaults, completed sexual attacks, and
vealed, women are at particularly high risk of ex-     rape by someone that they once presumably loved
periencing physical and sexual violence whey they      and trusted, it is not surprising that marital rape
attempt to leave their abusers for this represents a   survivors seem to suffer severe and long-term psy-
challenge to their abusers’ control. Finkelhor and     chological consequences (Kilpatrick, Best,
Yllo (1985) found that two thirds of the women in      Saunders, & Vernon, 1988; Frieze, 1983). Simi-
their sample were sexually assaulted at the end of     lar to other survivors of sexual violence, some of
the relationship. Other researchers have found that    the short-term effects of marital rape include anxi-
women who are separated or divorced from their         ety, shock, intense fear, depression, suicidal ide-
partners appear to be at high risk for sexual abuse    ation, and post-traumatic stress disorder (Bergen,
(Dobash & Dobash, 1992; Kurz, 1997; Russell,           1996; Kilpatrick et al., 1988; Russell, 1990). Com-
1990). Some researchers have noted other risk fac-     pared to women raped by strangers and those whom
tors including drug and alcohol use by the abuser,     they don’t know well, marital rape survivors re-
and previous experiences of sexual abuse among         port even higher rates of anger and depression
the victims. However, these factors are perceived      (Koss, Dinero, Siebel, & Cox, 1988). Long-term
as more controversial and the research is far from     effects often include disordered eating, sleep prob-
conclusive (Frieze, 1983; Russell, 1990; Whatley,      lems, depression, problems establishing trusting
1996).                                                 relationships, and increased negative feelings about
                                                       themselves (Bergen, 1996; Frieze, 1983). Research
                                                       has also indicated that the psychological effects

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are likely to be long lasting—some marital rape          Saunders & Size, 1986; Stanko, 1985). The lim-
survivors report flash-backs, sexual dysfunction,        ited research on the question of police response to
and emotional pain for years after the violence          marital rape reveals an equally dismal picture. The
(Bergen, 1996; Whatley, 1993).                           majority of women reporting their assaults to the
                                                         police in studies by Bergen (1996), Frieze (1983)
INTERVENTION WITH MARITAL RAPE SURVIVORS                 and Russell (1990) found the police to be unre-
         Experts estimate that survivors of marital      sponsive. Bergen’s (1996) interviews with marital
rape are less likely than other survivors of violence    rape survivors reveal that when police officers learn
to report their assaults to formal service providers,    that the assailant is the woman’s husband, they may
friends, or family members. This estimation is           fail to respond to a call from a victim of marital
grounded in studies that show women who are              rape, refuse to allow a woman to file a complaint,
raped by acquaintances are less likely than those        and/or refuse to accompany her to the hospital to
raped by strangers to report their assaults (Koss et     collect medical evidence. Frieze (1983) argues that
al., 1988; Mahoney & Williams, 1998). Reporting          police officers are even less responsive to survi-
rape in marriage may become even more compli-            vors of marital rape than they are to battered
cated because of a woman’s relationship to her           women. Recommendations for police departments
assailant. Women raped by their husbands may             include educating officers about the reality of wife
hesitate to report because of family loyalty, fear of    rape; teaching officers how to sensitively ask
their abuser’s retribution, inability to leave the re-   women about sexual violence when they respond
lationship, or they may not know that rape in mar-       to domestic violence calls; confronting sexist atti-
riage is against the law. Furthermore, many re-          tudes that assume women are the property of their
searchers have written about the discomfort that         husbands and, thus, unrapeable; holding police
women feel when they discuss the sexual violence         departments accountable for their non-responsive-
experienced with their partners (Bergen, 1996;           ness; and involving more women police officers
Browne, 1987; Russell, 1990). A final compelling         in domestic violence and rape cases (Bergen, 1996;
reason for women’s under-reporting is that many          Russell, 1990).
do not define their experiences of forced sex in
marriage as rape. Some believe that only stranger        Religious Advisors
rape is “real rape;” and other women see sex in                   Many women do not feel comfortable con-
marriage as an obligation and define forced sex as       tacting the police, and alternatively choose to speak
a “wifely duty,” not rape (Bergen, 1996). If they        with their religious advisers. Researchers have
do not define their experiences as rape, women are       found that support for women in violent relation-
unlikely to seek outside assistance to stop the vio-     ships is not always forthcoming from religious
lence.                                                   advisers. In a study of battered women, Bowker
         Research indicates that when women do           (1983) found that they ranked clergy members as
seek assistance for marital rape, there is often a       the least helpful of those to whom they had turned
failure on behalf of others including police offic-      for assistance. The emphasis of some religious in-
ers, religious advisers, battered women’s shelter        stitutions on wives’ responsibility “to obey their
advocates, and rape crisis counselors to provide         husbands” and the sinfulness of women’s refusal
adequate assistance. The following sections will         to have sexual intercourse with their husbands,
address each of these groups of service providers.       perpetuate the problem of marital rape. Yllo and
                                                         LeClerc (1988) and Adams (1993) offer several
Police                                                   recommendations for religious advisors to assist
       There is a large body of research that ad-        marital rape survivors, including: inviting women
dresses the inadequate response of the police to         to speak about their experiences of sexual violence,
the problem of wife abuse (e.g. Pagelow, 1992;           helping women to name their experiences as

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“rape,” focusing on the responsibility of the abuser           Once these questions are asked, service
and not the wife, and working to challenge social      providers must be prepared to bear witness to the
conventions that perpetuate marital rape.              stories that many survivors of marital rape will
                                                       share. Bergen’s (1996) research indicated that
                                                       many service providers were uncomfortable hear-
Battered Women’s Shelters and                          ing about women’s experiences of sexual violence
Rape Crisis Centers                                    and felt that they lacked the information needed to
         Two major sources of potential support for    adequately respond to these women. Training spe-
survivors of marital rape are battered women’s         cifically on marital rape is critical for staff mem-
shelters and rape crisis centers. Research indicates   bers and volunteers; such programs should com-
that many of these organizations have failed to        prehensively address characteristics of marital rape
adequately address the problem of marital rape         and how to identify survivors, the state’s laws on
(Bergen, 1996; Russell, 1990; Thompson-Haas,           marital rape, and counseling techniques. Rape cri-
1987). A survey of battered women’s shelters and       sis centers and battered women’s shelters can pro-
rape crisis centers in the United States by Bergen     vide a variety of other services for marital rape
in 1995 revealed several deficiencies in the ser-      survivors including shelter, medical and legal ad-
vices being provided. For example, less than half      vocacy. Many marital rape survivors would ben-
of battered women’s shelter programs (42%) and         efit from counseling. Ideally, a program would
79% of rape crisis centers provide training on mari-   provide individual counseling as well as a group
tal rape specifically to their staff members and       specifically for survivors of marital rape. Alterna-
volunteers. Bergen’s (1996) research also revealed     tively, offering survivors of marital rape the op-
that only 2% of battered women’s shelters and rape     tions of joining support groups for sexual assault
crisis centers provide a support group specifically    survivors, battered women, or both, is beneficial,
for marital rape survivors. Interviews with survi-     as individual women will define their needs dif-
vors of marital rape indicate that they have differ-   ferently. Finally, it is necessary for both battered
ent needs than battered-only women and those           women’s shelters and rape crisis programs to claim
raped by someone other than their partners (Bergen,    ownership of this problem. This can happen by
1996; Hanneke & Shields, 1985). Finally, although      including marital rape in the mission statement,
rape crisis centers and battered women’s shelters      providing educational programs to the community,
routinely ask women about previous experiences         and distributing literature on rape in marriage.
of sexual and physical violence, fewer than half       Providing outreach to certain groups such as people
(42%) regularly asked women about experiences          with disabilities, and those in rural areas, same-
of marital rape. Specifically, only 17% of rape cri-   sex relationships and non-English speaking com-
sis centers routinely ask about rape by a partner.     munities who may be unaware of available ser-
Asking sensitive questions about marital rape is       vices is particularly critical.
critical because women are unlikely to volunteer                 There are many other professionals who
this information on their own. Furthermore, merely     are in positions to assist marital rape survivors and
asking if one has “ever been raped?” is insufficient   there is a small body of research that addresses
because so many marital rape survivors do not iden-    specific types of assistance. For example,
tify the sexual violence as rape. Instead, women       Weingourt (1985) provides information for how
should be questioned about their partners “forcing     those in the psychiatric community can identify
them to do things sexually they are uncomfortable      and treat marital rape survivors in their practices.
with,” “pressuring them to have intercourse,”          Given the physical and specifically gynecological
“forcing them to have sex against their will” and      effects of marital rape, medical professionals are
so forth (Bergen, 1996; Hanneke, Shields, &            important resources for marital rape survivors (see
McCall, 1986; Russell, 1990).                          Campbell, 1989; Campbell & Alford, 1989). Fi-

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nally, Eskow (1996) provides a detailed analysis        REFERENCES
of California’s spousal rape law and some thoughts      Adams, C. (1993). I just raped my wife! What
on how to reform the strategies of prosecutors and      are you going to do about it, pastor? In E.
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CONCLUSIONS
         Despite the fact that marital rape has not     Bergen, R. K. (1996). Wife rape: Understanding
been criminalized for long in the United States, it     the response of survivors and service providers.
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date indicates that women who are raped by their        Bidwell, L., & White, P. (1986). The family
husbands are likely to experience multiple assaults     context of marital rape. The Journal of Family
and often suffer severe long-term physical and          Violence, 1, 277-287.
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more traumatic than rape by a stranger because a        Bowker, L. (1983). Beating wife beating. Lex-
wife lives with her assailant and she may live in       ington, MA: Lexington Books.
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awake or asleep. Given the serious effects, there is    Browne, A. (1993). Report of the Council on
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spouse is inconsequential. Rape crisis counselors       Browne, A. (1987). When battered women kill.
and advocates for battered women are in particu-        New York: The Free Press.
larly important leadership positions to address the
problem of marital rape in society and to assist        Campbell, J. C. (1989). Women’s responses to
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researchers should continue to try to determine the     Care for Women International, 10, 335-346.
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use of large, nationally representative samples         Campbell, J. C., & Alford, P. (1989). The dark
(Mahoney & Williams, 1998). More research on            consequences of marital rape. American Journal
the effects of marital rape, particularly for preg-     of Nursing, 89, 946-949.
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sexual violence is necessary. Additionally, re-         Dobash, R. E., & Dobash, R. (1992). Women,
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why men rape their wives and address prevention
and treatment strategies.                               Drucker, D. (1979). The common law does not
                                                        support a marital exemption for forcible rape.
Author of this document:                                Women’s Rights Law Reporter, 5, 2-3.
Raquel Kennedy Bergen, Ph.D.
St. Joseph’s University
Department of Sociology

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Kilpatrick, D. G., Best, C. C., Saunders, B. E., &    about woman abuse among police officers,
Vernon, L. J. (1988). Rape in marriage and in         victims, and victims’ advocates. Journal of
dating relationships: How bad is it for mental        Interpersonal Violence, 1, 25-42.
health? Annals of the New York Academy of
Sciences, 528, 335-344.                               Sitton, J. (1993). Old wine in new bottles: The
                                                      marital rape allowance. North Carolina Law
Koss, M. P., Dinero, T. E., Siebel, C. A., & Cox,     Review, 72, 261-289.
S. L. (1988). Stranger and acquaintance rape:
Are there differences in victim’s experiences?        Stanko, E. A. (1985). Intimate intrusions:
Psychology of Women Quarterly, 12, 1-24.              Women’s experiences of male violence. London:
                                                      Routledge.
Kurz, D. (1995). For richer for poorer: Mothers
confront divorce. New York: Routledge.                Thompson-Haas. (1987). Marital rape: Methods
                                                      of helping and healing. Unpublished Manuscript.
Mahoney, P., & Williams, L. (1998). Sexual
assault in marriage: Prevalence, consequences         Whatley, M. (1993). For better or worse: The
and treatment of wife rape. In J. Jasinski & L.       case of marital rape. Violence and Victims, 8, 29-
Williams (Eds.), Partner violence: A comprehen-       39.
sive review of 20 years of research. Thousand
Oaks, CA: Sage.

Marital Rape (1999)                                                                       Page 8 of
10 VAWnet is a project of the National Resource Center on Domestic Violence
800-537-2238 TTY 800-553-2508 Fax 717-545-9456
VAWnet Applied Research Forum

Weingourt, R. (1985). Wife rape: Barriers to
identification and treatment. American
Journal for Psychotherapy, 39, 2.

Yllo, K., & LeClerc, D. (1988). Marital rape. In
A. L. Horton & J. A. Williamson (Eds.), Abuse
and religion: When praying isn’t enough (pp.
48-57). Lexington, MA: Lexington Books.



                                       RESOURCES ON MARITAL RAPE


       Center for Constitutional Rights                       National Clearinghouse on Marital and
       666 Broadway, 7th Floor                                Date Rape
       New York, NY 10012                                     Women’s History Research Center Inc.
       212-614-6464                                           2325 Oak St.
       Services available: provides a brochure (English and   Berkeley, CA 94708
       Spanish are available) entitled “Stopping Sexual       510-524-1582
       Assault in Marriage.”                                  web address: http://members.aol.com/ncmdr/
                                                              index.html
       Domestic Violence Project                              Services available: provides information on state
       P.O. Box 7052                                          laws, a state law chart (available for $3.00), speak-
       Ann Arbor, MI 48107                                    ers on wife rape, telephone consultations (the
                                                              chargeis $7.50 per 15 minutes), and volunteer in-
       734-995-5444
       Services available: provides an information packet     ternships.
       on wife rape and a manual for starting wife rape
       support groups, and providing training on wife rape    Wife Rape Information Page
       to staff and volunteers.                               web address: http://www.wellesley.edu/
                                                              WCW/ projects/mrape.html
       Marital Rape Information                               Contains basic information about the definition
       Women’s Studies Library                                of wife rape; legal status of wife rape; commonly
       University of Illinois                                 asked questions; and a bibliography.
       415 Library
       Urbana, IL 61801
       217-244-1024
       Services available: provides information on re-
       searching wife rape and documents on wife rape.




Marital Rape (1999)                                                                                    Page 9 of 10
VAWnet is a project of the National Resource Center on Domestic Violence
800-537-2238 TTY 800-553-2508 Fax 717-545-9456
VAWnet Applied Research Forum


                                          STATE LAW CHART
                                          STATE LAW CHART

          The following was adapted from a chart prepared by the National Clearinghouse on
          Marital and Date Rape, Berkeley, CA. July 1998. The Clearinghouse has been in-
          strumental in lobbying for changes in legislation and continually updates the chart
          for accuracy.

          In 17 states, there are no exemptions from rape prosecution granted to husbands
          under the law. These states are marked with an asterisk (*). However, 33 states still
          have some exemptions from prosecuting husbands for rape usually with regard to
          the use of force. In four states, Connecticut, Iowa, Minnesota, and West Virginia,
          these privileges are extended to cohabitors.

                    Alabama                                    Nevada
                    Alaska                                     New Hampshire
                    Arizona                                    New Jersey *
                    Arkansas                                   New Mexico *
                    California                                 New York *
                    Colorado *                                 North Carolina *
                    Connecticut                                North Dakota *
                    Delaware                                   Ohio
                    Florida *                                  Oklahoma
                    Georgia *                                  Oregon *
                    Hawaii                                     Pennsylvania
                    Idaho                                      Rhode Island
                    Illinois                                   South Carolina
                    Indiana *                                  South Dakota
                    Iowa                                       Tennessee
                    Kansas                                     Texas *
                    Kentucky                                   Utah *
                    Louisiana                                  Vermont *
                    Maine                                      Virginia
                    Maryland                                   Washington
                    Massachusetts *                            West Virginia
                    Michigan                                   Wisconsin *
                    Minnesota                                  Wyoming
                    Mississippi                                District of Columbia *
                    Missouri                                   Federal Lands *
                    Montana *                                    - In any state (federal crime)
                    Nebraska *                                   - 1992-exemption repealed from
                                                                        military courts




Marital Rape (1999)                                                                        Page PB of
10
 VAWnet is a project of the National Resource Center on Domestic Violence
800-537-2238 TTY 800-553-2508 Fax 717-545-9456
Applied Research Forum
                                                National Electronic Network on Violence Against Women




                                    In Brief: Marital Rape

Approximately 10-14% of married women are raped by their husbands in the United States. Histori-
cally, most rape statutes read that rape was forced sexual intercourse with a woman not your wife, thus
granting husbands a license to rape. On July 5, 1993, marital rape became a crime in all 50 states, under
at least one section of the sexual offense codes. In 17 states and the District of Columbia, there are no
exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some
exemptions given to husbands from rape prosecution. When his wife is most vulnerable (e.g., she is
mentally or physically impaired, unconscious, asleep, etc.) and is unable to consent, a husband is ex-
empt from prosecution in many of these 33 states (Bergen, 1996; Russell, 1990).

Women who are raped by their husbands are likely to be raped many times. They experience not only
vaginal rape, but also oral and anal rape. Researchers generally categorize marital rape into three types:

       · Force-only rape: The husband uses only the amount of force necessary to coerce their
         wives.
       · Battering rape: Husbands rape and batter their wives. The battering may happen concur-
         rently or before or after the sexual assault.
       · Sadistic /obsessive rape: Husbands use torture or perverse sexual acts. Pornography is
         often involved.


Women are at particularly high risk for being raped by their partners under the following circum-
stances:

       ·   Women married to domineering men who view them as “property”
       ·   Women who are in physically violent relationships
       ·   Women who are pregnant
       ·   Women who are ill or recovering from surgery
       ·   Women who are separated or divorced


It is a myth that marital rape is less serious than other forms of sexual violence. There are many
physical and emotional consequences that may accompany marital rape.

       · Physical effects include injuries to the vaginal and anal areas, lacerations, soreness,
         bruising, torn muscles, fatigue, and vomiting.



In Brief: Marital Rape (1999)                                                                 Page 1 of 2
VAWnet is a project of the National Resource Center on Domestic Violence
800-537-2238 TTY 800-553-2508 Fax 717-545-9456
Applied Research Forum
                                                National Electronic Network on Violence Against Women



       · Women who are battered and raped frequently suffer from broken bones, black eyes,
         bloody noses and knife wounds.

       · Gynecological effects include vaginal stretching, miscarriages, stillbirths, bladder infec-
         tions, sexually transmitted diseases, and infertility.

       · Short-term psychological effects include PTSD, anxiety, shock, intense fear, depression
         and suicidal ideation.

       · Long-term psychological effects include disordered sleeping, disordered eating, depres-
         sion, intimacy problems, negative self-images, and sexual dysfunction.


Research indicates a lack of responsiveness to marital rape survivors on behalf of service providers—
particularly police officers, religious leaders, rape crisis counselors, and battered women’s advocates.
There is a need for those who come into contact with marital rape survivors to comprehensively ad-
dress this problem and provide resources, information and support to survivors.




This In Brief highlights issues discussed in a longer document created by Raquel Kennedy Bergen and is
available through your state domestic violence coalition.
In Brief: Marital Rape (1999)                                                                  Page 2 of 2
VAWnet is a project of the National Resource Center on Domestic Violence
800-537-2238 TTY 800-553-2508 Fax 717-545-9456

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Marital%20 rape

  • 1. Applied Research Forum National Electronic Network on Violence Against Women Marital Rape Raquel Kennedy Bergen, Ph.D. March 1999 INTRODUCTION While the legal definition varies within the that between one third and one half of battered United States, marital rape can be defined as any women are raped by their partners at least once unwanted intercourse or penetration (vaginal, anal, (Bergen, 1996; Browne, 1993; Campbell, 1989). or oral) obtained by force, threat of force, or when Despite the prevalence of marital rape, this the wife is unable to consent (Bergen, 1996; problem has received relatively little attention from Pagelow, 1984; Russell, 1990). Most studies of social scientists, practitioners, the criminal justice marital rape have included couples who are legally system, and larger society as a whole. In fact it married, separated, divorced or cohabiting with the was not until the 1970’s that we began, as a soci- understanding that the dynamics of sexual violence ety, to acknowledge that rape in marriage could in a long-term cohabiting relationship are similar even occur. Despite this acknowledgement and to those of a married couple (Mahoney & Will- the recent changes in legislation that have iams, 1998). For this reason, this document will criminalized rape in marriage, there is still much include women who are raped by their current that we do not know about this type of intimate marital partners, previous marital partners, and violence. The intent of this report is to briefly sum- cohabitors as survivors of marital rape. To date, marize what we do know about rape in marriage no study of marital rape has included cohabiting (for a comprehensive review of the literature on gay and lesbian couples. Diana Russell’s (1990) marital rape see Mahoney & Williams, 1998). This landmark study of sexual assault that involved in- report will provide an overview of the research on terviews with 930 women in a randomly selected marital rape with (1) a brief legal history of mari- representative community sample in San Francisco tal rape; (2) a discussion of the occurrence of mari- established that marital rape is a serious problem tal rape; (3) a summary of the effects of marital that millions of women face each year. Research- rape; and (4) an analysis of practitioners’ interven- ers estimate that between 10% and 14% of mar- tions with marital rape survivors. ried women experience rape in marriage (Finkelhor & Yllo, 1985; Russell, 1990). When researchers A BRIEF LEGAL HISTORY OF MARITAL RAPE have examined the prevalence of different types Much of the scholarly attention that has of rape, they have found that marital rape accounts been given to marital rape has emerged from the for approximately 25% of all rapes (Randall & legal community. This has occurred because Haskall, 1995; Resnick, Kilpatrick, Walsh, & throughout the history of most societies, it has been Vernon, 1991). Rape in marriage is an extremely acceptable for men to force their wives to have sex prevalent form of sexual violence, particularly against their will. The traditional definition of rape when we consider that women who are involved in the United States most commonly was, “sexual in physically abusive relationships may be espe- intercourse with a female not his wife without her cially vulnerable to rape by their partners. Studies consent” (Barshis, 1983, p. 383). As Finkelhor and using clinical samples of battered women reveal Yllo (1985) have argued, this provided husbands Marital Rape (1999) Page 1 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 2. VAWnet Applied Research Forum with an exemption from prosecution for raping 1990). their wives—a “license to rape” (See Drucker, 1979; Eskow, 1996; and Sitton, 1993, for a dis- THE OCCURRENCE OF MARITAL RAPE cussion of the marital exemption). The foundation To date, the best research on marital rape of this exemption can be traced back to statements has come from interviews with women about their made by Sir Matthew Hale, Chief Justice in 17th experiences of sexual violence. This body of re- century England. Hale wrote, “The husband can- search has its limitations (it may not represent those not be guilty of a rape committed by himself upon women who are raped by their husbands for years his lawful wife, for by their mutual matrimonial but never talk about it; and it may over-represent consent and contract, the wife hath given herself women who are raped and battered because in kind unto the husband which she cannot retract” samples of women in battered women’s shelters (quoted in Russell, 1990, p.17). This established are frequently used); however, it has provided us the notion that once married, a woman does not with important information about how some have the right to refuse sex with her husband. This women experience rape in marriage. Information rationale remained largely unchallenged until the about marital rape will be presented in the follow- 1970’s when some members of the women’s move- ing sections: (1) social characteristics of survivors; ment argued for the elimination of the spousal ex- (2) types of marital rape; and (3) risk factors of emption because it failed to provide equal protec- marital rape. tion from rape to all women (Bidwell & White, 1986; Finkelhor & Yllo, 1985). Social Characteristics of On July 5, 1993, marital rape became a Marital Rape Survivors crime in all 50 states, under at least one section of Marital rape occurs in all types of marriages the sexual offense codes. In 17 states and the Dis- regardless of age, social class, race or ethnicity. trict of Columbia, there are no exemptions from In the largest study, Russell (1990) found that rape prosecution granted to husbands. However, women were raped by their partners at a variety of in 33 states, there are still some exemptions given ages; however, almost two-thirds of the wives were to husbands from rape prosecution. When his wife first raped by their husbands when they were un- is most vulnerable (e.g., she is mentally or physi- der the age of 25. Social class is a more difficult cally impaired, unconscious, asleep, etc.) and is variable to measure and the literature is less con- legally unable to consent, a husband is exempt from clusive. Russell (1990) found that women in the prosecution in many of these 33 states (Bergen, upper middle class were slightly over-represented 1996; Russell, 1990). Table 1, based on the find- among marital rape survivors while Finkelhor and ings of the National Clearinghouse on Marital and Yllo (1985) found that those from lower social- Date Rape (1998), is a state law chart that indi- class backgrounds were more likely to report ex- cates which states have some exemptions from periencing marital rape. With regard to race, prosecuting husbands for rape. The existence of Russell (1990) found that the rate of marital rape some spousal exemptions in the majority of states was slightly higher for African-American women indicates that rape in marriage is still treated as a than white women, Latinas, and Asian women, lesser crime than other forms of rape. This per- respectively. petuates marital rape by conveying the message Research has also revealed some variation that such acts of aggression are somehow less rep- with regard to women’s decisions to leave their rehensible than other types of rape. Importantly, husband-rapists. Latinas were less likely than other the existence of any spousal exemption indicates women to immediately define their experiences of an acceptance of the archaic understanding that forced sex as “rape” and terminate their relation- wives are the property of their husbands and the ships; some viewed sex as a marital obligation marriage contract is an entitlement to sex (Russell, (Bergen, 1996). Russell (1990) found that white Marital Rape (1999) Page 2 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 3. VAWnet Applied Research Forum women were less likely to stay with their husband- being overlooked as a distinctive problem (for more rapists than African-American, Latina, and Asian on this debate see Bergen, 1996; Russell, 1990). women. Economic resources played a particularly It is necessary to recognize marital rape as a dis- significant role in women’s ability to leave as those tinctive problem because for many women who women who were most likely to leave their hus- are battered and raped, the sexual violence is par- band-rapists were the ones who were financially ticularly devastating and that trauma must be ad- independent (Russell, 1990). Russell’s research dressed specifically by service providers (Finkelhor also revealed that traditional wives (measured by & Yllo, 1985). Additionally, it is problematic to conformity to traditional female sex roles) were assume that marital rape survivors are all battered more likely to blame themselves for the violence wives because this ignores the reality that some and stay with their husbands. The lack of racial, women are raped by their husbands but do not ex- ethnic, and cultural diversity in samples of marital perience other forms of violence. It must be reiter- rape survivors makes generalizations difficult; ated that most of the research on marital rape has however, these findings point to the importance of been conducted with battered women. This meth- addressing cultural variation and differential un- odological problem may overstate the extent to derstandings of what constitutes one’s wifely duty. which women are both battered and raped by their partners. Indeed, Russell (1990) found that four Types of Marital Rape percent of women in her sample who had ever been It appears that marital rape is most likely married had been raped by their partners but not to occur in relationships characterized by other battered. In what Finkelhor and Yllo (1985) have forms of violence. This has led some researchers called “force-only rape,” husbands use only the to argue that marital rape is “just one extension of amount of force necessary to coerce their wives; domestic violence” (Johnson & Sigler, 1997, p. 22). battering may not be characteristic of these rela- On one hand, viewing rape in marriage as a form tionships. Forty percent of Finkelhor and Yllo’s of domestic violence is logical given that research- sample of women were victims of “force-only ers have found that the majority of women who rape.” Thus, to categorize marital rape only as an are raped by their partners are also battered. In extension of domestic violence excludes these “battering rapes,” women experience both physi- women and their experiences. As we will address cal and sexual violence in the relationship later, it is important for advocates who are involved (Finkelhor & Yllo, 1985). Women who are raped in trying to end violence against women to see and battered by their partners experience the vio- marital rape both as a form of rape and of domes- lence in various ways—e.g. some are battered dur- tic violence in order to assist survivors. ing the sexual violence or the rape may follow a This assistance may be particularly neces- physically violent episode where the husband sary given that women who are raped by their hus- wants to “make up” and coerces his wife to have bands are likely to be raped many times—often 20 sex against her will (Bergen, 1996; Finkelhor & times or more before they are able to end the vio- Yllo, 1985). Other women experience what has lence (Bergen, 1996; Finkelhor & Yllo, 1985; been labeled “sadistic” or “obsessive” rape; these Russell, 1990). Marital rape survivors not only assaults involve torture and/or “perverse” sexual experience a higher number of assaults, but re- acts and are often physically violent. Pornogra- search indicates that they are more likely than phy is frequently involved with sadistic forms of women raped by acquaintances to experience un- rape (Bergen, 1996; Finkelhor & Yllo, 1985). wanted oral and anal intercourse (Peacock, 1995). On the other side of this debate, some have Husbands often rape their wives when they are argued that marital rape should not be subsumed asleep, or use coercion, verbal threats, physical under the heading of domestic violence because violence, or weapons to force their wives to have doing so in the past has led to rape in marriage sex. Importantly, some researchers have found that Marital Rape (1999) Page 3 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 4. VAWnet Applied Research Forum compared to batterers, men who batter and rape THE EFFECTS OF MARITAL RAPE are particularly dangerous men and are more likely Despite the historical myth that rape by to severely injure their wives and potentially esca- one’s partner is a relatively insignificant event late the violence to murder (Browne, 1987; causing little trauma, research indicates that mari- Campbell, 1989). tal rape often has severe and long-lasting conse- quences for women. The physical effects of mari- Risk Factors tal rape may include injuries to the vaginal and Most researchers of marital rape agree that anal areas, lacerations, soreness, bruising, torn rape in marriage is an act of violence - an abuse of muscles, fatigue and vomiting (Adams, 1993; power by which a husband attempts to establish Bergen, 1996). Women who have been battered dominance and control over his wife. While the and raped by their husbands may suffer other physi- research thus far reveals no composite picture of a cal consequences including broken bones, black husband-rapist, these men are often portrayed as eyes, bloody noses, and knife wounds that occur jealous, domineering individuals who feel a sense during the sexual violence. Campbell and Alford of entitlement to have sex with their “property.” (1989) report that one half of the marital rape sur- Given this, women appear to be particularly at risk vivors in their sample were kicked, hit or burned for being raped by their partners under some cir- during sex. Specific gynecological consequences cumstances. As was previously indicated, women of marital rape include vaginal stretching, miscar- who are battered are at greater likelihood of being riages, stillbirths, bladder infections, infertility and raped by their partners (Frieze, 1983). Addition- the potential contraction of sexually transmitted ally, pregnancy appears to be a factor that places diseases including HIV (Campbell & Alford, women at higher risk for both physical and sexual 1989). abuse (Bergen, 1996; Browne, 1993; Campbell, Some researchers have compared the psy- 1989). Being ill or recently discharged from the chological effects of being raped by one’s partner hospital are also risk factors for women (Campbell to other forms of violence. Given that women who & Alford, 1989; Mahoney & Williams, 1998). As are raped by their partners are likely to experience research with battered women has previously re- multiple assaults, completed sexual attacks, and vealed, women are at particularly high risk of ex- rape by someone that they once presumably loved periencing physical and sexual violence whey they and trusted, it is not surprising that marital rape attempt to leave their abusers for this represents a survivors seem to suffer severe and long-term psy- challenge to their abusers’ control. Finkelhor and chological consequences (Kilpatrick, Best, Yllo (1985) found that two thirds of the women in Saunders, & Vernon, 1988; Frieze, 1983). Simi- their sample were sexually assaulted at the end of lar to other survivors of sexual violence, some of the relationship. Other researchers have found that the short-term effects of marital rape include anxi- women who are separated or divorced from their ety, shock, intense fear, depression, suicidal ide- partners appear to be at high risk for sexual abuse ation, and post-traumatic stress disorder (Bergen, (Dobash & Dobash, 1992; Kurz, 1997; Russell, 1996; Kilpatrick et al., 1988; Russell, 1990). Com- 1990). Some researchers have noted other risk fac- pared to women raped by strangers and those whom tors including drug and alcohol use by the abuser, they don’t know well, marital rape survivors re- and previous experiences of sexual abuse among port even higher rates of anger and depression the victims. However, these factors are perceived (Koss, Dinero, Siebel, & Cox, 1988). Long-term as more controversial and the research is far from effects often include disordered eating, sleep prob- conclusive (Frieze, 1983; Russell, 1990; Whatley, lems, depression, problems establishing trusting 1996). relationships, and increased negative feelings about themselves (Bergen, 1996; Frieze, 1983). Research has also indicated that the psychological effects Marital Rape (1999) Page 4 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 5. VAWnet Applied Research Forum are likely to be long lasting—some marital rape Saunders & Size, 1986; Stanko, 1985). The lim- survivors report flash-backs, sexual dysfunction, ited research on the question of police response to and emotional pain for years after the violence marital rape reveals an equally dismal picture. The (Bergen, 1996; Whatley, 1993). majority of women reporting their assaults to the police in studies by Bergen (1996), Frieze (1983) INTERVENTION WITH MARITAL RAPE SURVIVORS and Russell (1990) found the police to be unre- Experts estimate that survivors of marital sponsive. Bergen’s (1996) interviews with marital rape are less likely than other survivors of violence rape survivors reveal that when police officers learn to report their assaults to formal service providers, that the assailant is the woman’s husband, they may friends, or family members. This estimation is fail to respond to a call from a victim of marital grounded in studies that show women who are rape, refuse to allow a woman to file a complaint, raped by acquaintances are less likely than those and/or refuse to accompany her to the hospital to raped by strangers to report their assaults (Koss et collect medical evidence. Frieze (1983) argues that al., 1988; Mahoney & Williams, 1998). Reporting police officers are even less responsive to survi- rape in marriage may become even more compli- vors of marital rape than they are to battered cated because of a woman’s relationship to her women. Recommendations for police departments assailant. Women raped by their husbands may include educating officers about the reality of wife hesitate to report because of family loyalty, fear of rape; teaching officers how to sensitively ask their abuser’s retribution, inability to leave the re- women about sexual violence when they respond lationship, or they may not know that rape in mar- to domestic violence calls; confronting sexist atti- riage is against the law. Furthermore, many re- tudes that assume women are the property of their searchers have written about the discomfort that husbands and, thus, unrapeable; holding police women feel when they discuss the sexual violence departments accountable for their non-responsive- experienced with their partners (Bergen, 1996; ness; and involving more women police officers Browne, 1987; Russell, 1990). A final compelling in domestic violence and rape cases (Bergen, 1996; reason for women’s under-reporting is that many Russell, 1990). do not define their experiences of forced sex in marriage as rape. Some believe that only stranger Religious Advisors rape is “real rape;” and other women see sex in Many women do not feel comfortable con- marriage as an obligation and define forced sex as tacting the police, and alternatively choose to speak a “wifely duty,” not rape (Bergen, 1996). If they with their religious advisers. Researchers have do not define their experiences as rape, women are found that support for women in violent relation- unlikely to seek outside assistance to stop the vio- ships is not always forthcoming from religious lence. advisers. In a study of battered women, Bowker Research indicates that when women do (1983) found that they ranked clergy members as seek assistance for marital rape, there is often a the least helpful of those to whom they had turned failure on behalf of others including police offic- for assistance. The emphasis of some religious in- ers, religious advisers, battered women’s shelter stitutions on wives’ responsibility “to obey their advocates, and rape crisis counselors to provide husbands” and the sinfulness of women’s refusal adequate assistance. The following sections will to have sexual intercourse with their husbands, address each of these groups of service providers. perpetuate the problem of marital rape. Yllo and LeClerc (1988) and Adams (1993) offer several Police recommendations for religious advisors to assist There is a large body of research that ad- marital rape survivors, including: inviting women dresses the inadequate response of the police to to speak about their experiences of sexual violence, the problem of wife abuse (e.g. Pagelow, 1992; helping women to name their experiences as Marital Rape (1999) Page 5 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 6. VAWnet Applied Research Forum “rape,” focusing on the responsibility of the abuser Once these questions are asked, service and not the wife, and working to challenge social providers must be prepared to bear witness to the conventions that perpetuate marital rape. stories that many survivors of marital rape will share. Bergen’s (1996) research indicated that many service providers were uncomfortable hear- Battered Women’s Shelters and ing about women’s experiences of sexual violence Rape Crisis Centers and felt that they lacked the information needed to Two major sources of potential support for adequately respond to these women. Training spe- survivors of marital rape are battered women’s cifically on marital rape is critical for staff mem- shelters and rape crisis centers. Research indicates bers and volunteers; such programs should com- that many of these organizations have failed to prehensively address characteristics of marital rape adequately address the problem of marital rape and how to identify survivors, the state’s laws on (Bergen, 1996; Russell, 1990; Thompson-Haas, marital rape, and counseling techniques. Rape cri- 1987). A survey of battered women’s shelters and sis centers and battered women’s shelters can pro- rape crisis centers in the United States by Bergen vide a variety of other services for marital rape in 1995 revealed several deficiencies in the ser- survivors including shelter, medical and legal ad- vices being provided. For example, less than half vocacy. Many marital rape survivors would ben- of battered women’s shelter programs (42%) and efit from counseling. Ideally, a program would 79% of rape crisis centers provide training on mari- provide individual counseling as well as a group tal rape specifically to their staff members and specifically for survivors of marital rape. Alterna- volunteers. Bergen’s (1996) research also revealed tively, offering survivors of marital rape the op- that only 2% of battered women’s shelters and rape tions of joining support groups for sexual assault crisis centers provide a support group specifically survivors, battered women, or both, is beneficial, for marital rape survivors. Interviews with survi- as individual women will define their needs dif- vors of marital rape indicate that they have differ- ferently. Finally, it is necessary for both battered ent needs than battered-only women and those women’s shelters and rape crisis programs to claim raped by someone other than their partners (Bergen, ownership of this problem. This can happen by 1996; Hanneke & Shields, 1985). Finally, although including marital rape in the mission statement, rape crisis centers and battered women’s shelters providing educational programs to the community, routinely ask women about previous experiences and distributing literature on rape in marriage. of sexual and physical violence, fewer than half Providing outreach to certain groups such as people (42%) regularly asked women about experiences with disabilities, and those in rural areas, same- of marital rape. Specifically, only 17% of rape cri- sex relationships and non-English speaking com- sis centers routinely ask about rape by a partner. munities who may be unaware of available ser- Asking sensitive questions about marital rape is vices is particularly critical. critical because women are unlikely to volunteer There are many other professionals who this information on their own. Furthermore, merely are in positions to assist marital rape survivors and asking if one has “ever been raped?” is insufficient there is a small body of research that addresses because so many marital rape survivors do not iden- specific types of assistance. For example, tify the sexual violence as rape. Instead, women Weingourt (1985) provides information for how should be questioned about their partners “forcing those in the psychiatric community can identify them to do things sexually they are uncomfortable and treat marital rape survivors in their practices. with,” “pressuring them to have intercourse,” Given the physical and specifically gynecological “forcing them to have sex against their will” and effects of marital rape, medical professionals are so forth (Bergen, 1996; Hanneke, Shields, & important resources for marital rape survivors (see McCall, 1986; Russell, 1990). Campbell, 1989; Campbell & Alford, 1989). Fi- Marital Rape (1999) Page 6 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 7. VAWnet Applied Research Forum nally, Eskow (1996) provides a detailed analysis REFERENCES of California’s spousal rape law and some thoughts Adams, C. (1993). I just raped my wife! What on how to reform the strategies of prosecutors and are you going to do about it, pastor? In E. educate jury pools in order to improve the treat- Buchwald, P. Fletcher, & M. Roth (Eds.), Trans- ment of marital rape survivors in court. She sug- forming a rape culture (pp. 57-86). Minneapolis, gests challenging rape myth acceptance by focus- MN: Milkweed Editions. ing on the trauma associated with marital rape and introducing victim syndrome evidence through Barshis, V. (1983). The question of marital rape. expert witnesses. Women’s Studies International Forum, 6, 383- 393. CONCLUSIONS Despite the fact that marital rape has not Bergen, R. K. (1996). Wife rape: Understanding been criminalized for long in the United States, it the response of survivors and service providers. is clearly a serious form of violence against women Thousand Oaks, CA: Sage. and worthy of public attention. The research to date indicates that women who are raped by their Bidwell, L., & White, P. (1986). The family husbands are likely to experience multiple assaults context of marital rape. The Journal of Family and often suffer severe long-term physical and Violence, 1, 277-287. emotional consequences. Marital rape may be even more traumatic than rape by a stranger because a Bowker, L. (1983). Beating wife beating. Lex- wife lives with her assailant and she may live in ington, MA: Lexington Books. constant terror of another assault whether she is awake or asleep. Given the serious effects, there is Browne, A. (1993). Report of the Council on clearly a need for those who come into contact with Scientific Affairs. I-91. Prepared for the Ameri- marital rape survivors to provide assistance and can Medical Association. challenge the prevailing myth that rape by one’s spouse is inconsequential. Rape crisis counselors Browne, A. (1987). When battered women kill. and advocates for battered women are in particu- New York: The Free Press. larly important leadership positions to address the problem of marital rape in society and to assist Campbell, J. C. (1989). Women’s responses to survivors of this form of violence. In the future, sexual abuse in intimate relationships. Health researchers should continue to try to determine the Care for Women International, 10, 335-346. prevalence of this problem in society through the use of large, nationally representative samples Campbell, J. C., & Alford, P. (1989). The dark (Mahoney & Williams, 1998). More research on consequences of marital rape. American Journal the effects of marital rape, particularly for preg- of Nursing, 89, 946-949. nant women and the children who witness the sexual violence is necessary. Additionally, re- Dobash, R. E., & Dobash, R. (1992). Women, searchers should investigate the motivations for violence and social change. London: Routledge. why men rape their wives and address prevention and treatment strategies. Drucker, D. (1979). The common law does not support a marital exemption for forcible rape. Author of this document: Women’s Rights Law Reporter, 5, 2-3. Raquel Kennedy Bergen, Ph.D. St. Joseph’s University Department of Sociology Marital Rape (1999) Page 7 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 8. VAWnet Applied Research Forum Eskow, L. R. (1996). The ultimate weapon? National Clearinghouse on Marital and Date Demythologizing spousal rape and Rape. (1998). 1998 State Law Chart. Berkeley, reconceptualizing its prosecution. Stanford Law CA: Author. Review, 48, 677-709. Pagelow, M. (1992). Adult victims of domestic Finkelhor, D., & Yllo, K. (1985). License to violence. Journal of Interpersonal Violence, 7, rape: Sexual abuse of wives. New York: Holt, 87-120. Rinehart, & Winston. Peacock, P. L. (1995). Marital rape. In V. Wiehe Frieze, I. (1983). Investigating the causes and & A. Richards (Eds.), Intimate Betrayal (pp. 55- consequences of Marital Rape. Signs: Journal of 73). Thousand Oaks, CA: Sage. Women in Culture and Society, 8, 532-553. Randall, M., & Haskings, L. (1995). Sexual Hanneke, C., Shields, N., & McCall, G. J. violence in women’s lives. Violence Against (1986). Assessing the prevalence of marital rape. Women, 1(1), 6-31. Journal of Interpersonal Violence, 1, 3. Resnick, H., Kilpatrick, D., Walsh, C., & Hanneke, C., & Shields, N. (1985). Marital rape: Vernonen, L. (1991). Marital rape. In R. Implications for the helping professionals. Ammerman & M. Herson (Eds.), Case studies in Journal of Contemporary Social Work, 66, 451- family violence (pp. 329-53). New York: Plenum 458. Press. Johnson, I., & Sigler, R. (1997). Forced sexual Russell, D. E. H. (1990). Rape in marriage. New intercourse in intimate relationships. Brookfield, York: Macmillan Press. VT: Dartmouth/Ashgate. Saunders, D. G., & Size, P. B. (1986). Attitudes Kilpatrick, D. G., Best, C. C., Saunders, B. E., & about woman abuse among police officers, Vernon, L. J. (1988). Rape in marriage and in victims, and victims’ advocates. Journal of dating relationships: How bad is it for mental Interpersonal Violence, 1, 25-42. health? Annals of the New York Academy of Sciences, 528, 335-344. Sitton, J. (1993). Old wine in new bottles: The marital rape allowance. North Carolina Law Koss, M. P., Dinero, T. E., Siebel, C. A., & Cox, Review, 72, 261-289. S. L. (1988). Stranger and acquaintance rape: Are there differences in victim’s experiences? Stanko, E. A. (1985). Intimate intrusions: Psychology of Women Quarterly, 12, 1-24. Women’s experiences of male violence. London: Routledge. Kurz, D. (1995). For richer for poorer: Mothers confront divorce. New York: Routledge. Thompson-Haas. (1987). Marital rape: Methods of helping and healing. Unpublished Manuscript. Mahoney, P., & Williams, L. (1998). Sexual assault in marriage: Prevalence, consequences Whatley, M. (1993). For better or worse: The and treatment of wife rape. In J. Jasinski & L. case of marital rape. Violence and Victims, 8, 29- Williams (Eds.), Partner violence: A comprehen- 39. sive review of 20 years of research. Thousand Oaks, CA: Sage. Marital Rape (1999) Page 8 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 9. VAWnet Applied Research Forum Weingourt, R. (1985). Wife rape: Barriers to identification and treatment. American Journal for Psychotherapy, 39, 2. Yllo, K., & LeClerc, D. (1988). Marital rape. In A. L. Horton & J. A. Williamson (Eds.), Abuse and religion: When praying isn’t enough (pp. 48-57). Lexington, MA: Lexington Books. RESOURCES ON MARITAL RAPE Center for Constitutional Rights National Clearinghouse on Marital and 666 Broadway, 7th Floor Date Rape New York, NY 10012 Women’s History Research Center Inc. 212-614-6464 2325 Oak St. Services available: provides a brochure (English and Berkeley, CA 94708 Spanish are available) entitled “Stopping Sexual 510-524-1582 Assault in Marriage.” web address: http://members.aol.com/ncmdr/ index.html Domestic Violence Project Services available: provides information on state P.O. Box 7052 laws, a state law chart (available for $3.00), speak- Ann Arbor, MI 48107 ers on wife rape, telephone consultations (the chargeis $7.50 per 15 minutes), and volunteer in- 734-995-5444 Services available: provides an information packet ternships. on wife rape and a manual for starting wife rape support groups, and providing training on wife rape Wife Rape Information Page to staff and volunteers. web address: http://www.wellesley.edu/ WCW/ projects/mrape.html Marital Rape Information Contains basic information about the definition Women’s Studies Library of wife rape; legal status of wife rape; commonly University of Illinois asked questions; and a bibliography. 415 Library Urbana, IL 61801 217-244-1024 Services available: provides information on re- searching wife rape and documents on wife rape. Marital Rape (1999) Page 9 of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 10. VAWnet Applied Research Forum STATE LAW CHART STATE LAW CHART The following was adapted from a chart prepared by the National Clearinghouse on Marital and Date Rape, Berkeley, CA. July 1998. The Clearinghouse has been in- strumental in lobbying for changes in legislation and continually updates the chart for accuracy. In 17 states, there are no exemptions from rape prosecution granted to husbands under the law. These states are marked with an asterisk (*). However, 33 states still have some exemptions from prosecuting husbands for rape usually with regard to the use of force. In four states, Connecticut, Iowa, Minnesota, and West Virginia, these privileges are extended to cohabitors. Alabama Nevada Alaska New Hampshire Arizona New Jersey * Arkansas New Mexico * California New York * Colorado * North Carolina * Connecticut North Dakota * Delaware Ohio Florida * Oklahoma Georgia * Oregon * Hawaii Pennsylvania Idaho Rhode Island Illinois South Carolina Indiana * South Dakota Iowa Tennessee Kansas Texas * Kentucky Utah * Louisiana Vermont * Maine Virginia Maryland Washington Massachusetts * West Virginia Michigan Wisconsin * Minnesota Wyoming Mississippi District of Columbia * Missouri Federal Lands * Montana * - In any state (federal crime) Nebraska * - 1992-exemption repealed from military courts Marital Rape (1999) Page PB of 10 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 11. Applied Research Forum National Electronic Network on Violence Against Women In Brief: Marital Rape Approximately 10-14% of married women are raped by their husbands in the United States. Histori- cally, most rape statutes read that rape was forced sexual intercourse with a woman not your wife, thus granting husbands a license to rape. On July 5, 1993, marital rape became a crime in all 50 states, under at least one section of the sexual offense codes. In 17 states and the District of Columbia, there are no exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some exemptions given to husbands from rape prosecution. When his wife is most vulnerable (e.g., she is mentally or physically impaired, unconscious, asleep, etc.) and is unable to consent, a husband is ex- empt from prosecution in many of these 33 states (Bergen, 1996; Russell, 1990). Women who are raped by their husbands are likely to be raped many times. They experience not only vaginal rape, but also oral and anal rape. Researchers generally categorize marital rape into three types: · Force-only rape: The husband uses only the amount of force necessary to coerce their wives. · Battering rape: Husbands rape and batter their wives. The battering may happen concur- rently or before or after the sexual assault. · Sadistic /obsessive rape: Husbands use torture or perverse sexual acts. Pornography is often involved. Women are at particularly high risk for being raped by their partners under the following circum- stances: · Women married to domineering men who view them as “property” · Women who are in physically violent relationships · Women who are pregnant · Women who are ill or recovering from surgery · Women who are separated or divorced It is a myth that marital rape is less serious than other forms of sexual violence. There are many physical and emotional consequences that may accompany marital rape. · Physical effects include injuries to the vaginal and anal areas, lacerations, soreness, bruising, torn muscles, fatigue, and vomiting. In Brief: Marital Rape (1999) Page 1 of 2 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456
  • 12. Applied Research Forum National Electronic Network on Violence Against Women · Women who are battered and raped frequently suffer from broken bones, black eyes, bloody noses and knife wounds. · Gynecological effects include vaginal stretching, miscarriages, stillbirths, bladder infec- tions, sexually transmitted diseases, and infertility. · Short-term psychological effects include PTSD, anxiety, shock, intense fear, depression and suicidal ideation. · Long-term psychological effects include disordered sleeping, disordered eating, depres- sion, intimacy problems, negative self-images, and sexual dysfunction. Research indicates a lack of responsiveness to marital rape survivors on behalf of service providers— particularly police officers, religious leaders, rape crisis counselors, and battered women’s advocates. There is a need for those who come into contact with marital rape survivors to comprehensively ad- dress this problem and provide resources, information and support to survivors. This In Brief highlights issues discussed in a longer document created by Raquel Kennedy Bergen and is available through your state domestic violence coalition. In Brief: Marital Rape (1999) Page 2 of 2 VAWnet is a project of the National Resource Center on Domestic Violence 800-537-2238 TTY 800-553-2508 Fax 717-545-9456