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In some cultures, marriage is arranged for the purpose of creating access to procreation (Yllö, 2016).In these situations, the parties do not necessarily consent to marriage (in the case of forced marriage) (Yllö, 2016).
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.
Rape as a crime was constructed as a property crime against a father or husband not as a crime against the woman's right to self-determination.
The property to be withheld in a female was her virginity; this was the commodity (Bergen, 2016).
Most countries criminalized marital rape from the late 20th century onward—very few legal systems allowed for the prosecution of rape within marriage before the 1970s.
Criminalization has occurred through various ways, including removal of statutory exemptions from the definitions of rape, judicial decisions, explicit legislative reference in statutory law preventing the use of marriage as a defense, or creating of a specific offense of marital rape.
Following this logic, if consent is not part of marriage, then it is not necessary for intercourse.
The autonomy of the wife is also often compromised in cultures where bride price is paid.927-939) where upon the law holds that even "were the party of no chaste life, but a whore, yet there may be ravishment: but it is a good plea to say she was his concubine".The lawfulness of the conjugal act itself was understood as a logical consequence of a lawful marriage.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.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".