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In California, marital rape was recognized as a crime by Section 262 of California's Penal Code in 1979. [30] However, there are separate criminal offenses for non-spousal rape (Section 261) and for spousal rape (Section 262); [31] the latter was treated as a less serious crime until the enactment of 2021 California Assembly Bill 1171. [30]
The legal definition of rape does not include spousal rape. [299] Costa Rica [252] Yes The law criminalizes rape of men or women, including spousal rape and domestic violence, and provides penalties from 10 to 18 years in prison for rape. The judicial branch generally enforced the law. [300] Croatia [252] Yes
The road to Reno: A history of divorce in the United States (Greenwood Press, 1977) Chused, Richard H. Private acts in public places: A social history of divorce in the formative era of American family law (U of Pennsylvania Press, 1994) Griswold, Robert L. "The Evolution of the Doctrine of Mental Cruelty in Victorian American Divorce, 1790-1900."
In 2006, a study by the UN found that marital rape was a prosecutable offense in at least 104 countries. [129] Once widely condoned or ignored by law and society, marital rape is now repudiated by international conventions and increasingly criminalized.
Statistics published in 2004 show that the rate of domestic violence victimisation for Indigenous women in Australia may be 40 times the rate for non-Indigenous women. [12] 80% of women surveyed in rural Egypt said that beatings were common and often justified, particularly if the woman refused to have sex with her husband. [13]
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Rideout case, in which a man was acquitted of raping his wife; the case was the first time in American history a husband was tried for raping his wife while they were living together. [1] [4] In 1983 the National Clearinghouse on Marital and Date Rape conducted the world's first conference on marital rape. [4]
Comparative rates of homicides involving family members between 1980 and 2008. Killing by a spouse or ex-spouse exceeds the rate of all other categories. In proportion to the total number of family homicides, killing by spouses and ex-spouses fell from 52% to 37% during this period. Meanwhile, murder of the children went up 57%. [60]