Consent to Marital Rape: Common Law Oxymoron?

Authors

Katherine O'Donovan, University of London

Abstract

The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.

Disciplines

Common Law | Jurisprudence | Law | Law and Gender

Recommended Citation

Katherine O'Donovan, Consent to Marital Rape: Common Law Oxymoron?, 2 Cardozo J. Equal Rts. & Soc. Just. 91 (1995).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol2/iss1/8