Abstract
This paper examines the persistence of marital rape exemptions in the United States despite the formal criminalization of spousal rape in all fifty states. Through historical analysis and statutory comparison, the paper traces the origins of marital rape exemptions to common law doctrines rooted in implied consent, coverture, and the treatment of women as property. It further analyzes modern exemptions that continue to shield perpetrators through loopholes involving cohabitation, incapacity, reporting requirements, or reduced penalties. By highlighting statutes from states such as South Carolina, Arkansas, and Iowa, the paper demonstrates how marital status continues to undermine equal protection for victims of sexual violence. The paper also explores the severe physical, psychological, and emotional harms associated with marital rape and argues that existing exemptions perpetuate injustice and endanger survivors. Ultimately, the paper advocates for the complete elimination of all marital rape exemptions and calls for uniform statutory frameworks that criminalize sexual violence regardless of marital status.
Recommended Citation
Jaiden Herald,
The United States Still Says “I Do” to Marital Rape: An Examination of Modern Marital Rape Exemptions,
3
Journal Abbr.
46
(2026).
Available at:
https://ir.library.louisville.edu/sexoffenses/vol3/iss1/3