Dating and not legally separated
Marital rape is often a chronic form of violence for the victim which takes place within abusive relations.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.However, if another man raped someone's wife, this was essentially stealing property (a women's sexuality) (Bergen, 2016).In English customs, "bride capture" (a man claiming a woman through rape) was thought to be stealing a father's property by raping his daughter.This was illustrated most vividly by Sir Matthew Hale, (1609-1676), in his legal treatise Historia Placitorum Coronæ or History of the Pleas of the Crown (posthumously, 1736) where he wrote that "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract." Sir Matthew Hale's statement in History of the Pleas of the Crown did not cite any legal precedent though it likely relied on earlier standards.In a case of Lord Audley's (1488-1544), for instance, his citation of the jurist Bracton (c. 1268) supports this rule, said to have derived from laws of King Æthelstan (r.Following this line of logic, a woman was (and still is in many cultures across the globe) first the property of her father, then, upon marriage, the property of her husband (Bergen, 2016).
One of the origins of the concept of a marital exemption from rape laws (a rule that a husband cannot be charged with the rape of his wife) is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it.
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).
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.