Marital Rape

Learn about the definition for this legal term.

What is Marital Rape?

At common law, a husband cannot rape his wife. This is still the law in some states but a spouse is able to claim rape in most states if there is a separation or divorce proceeding or support order.

Further Reading

For more detailed information, see our related Family Law terms:

Stephanie Bagnall

Reviewed by

Stephanie Bagnall

Licensed Attorney and Legal Researcher

Stephanie Bagnall is a Georgia-licensed attorney and legal researcher with experience in accessibility law, compliance, employment law, and legal writing. She helps develop and review BarPrepHero's Legal Terms content for clarity, accuracy, and usefulness to bar exam students.

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