Marital rape: Difference between revisions

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{{short description|Australian soccer player}}
{{About|rape within marriage|rape before marriage|Marry-your-rapist law}}
{{Use dmy dates|date=September 2012}}
{{short description|Non-consensual sex in which the perpetrator is the victim's spouse}}
{{Infobox football biography
{{rape}}
| name = Mark Viduka
{{Sex and the law}}
| image = Mark Viduka 2005 WCQ.jpg
{{Violence against women}}
| image_size = 200
| caption = Viduka playing for [[Australia national soccer team|Australia]] in 2005
| birth_date = {{birth date and age|df=yes|1975|10|9}}
| birth_place = [[Melbourne]], [[Victoria (Australia)|Victoria]], Australia
| height = {{height|meters=1.88}}
| fullname = Mark Anthony Viduka<ref>{{Hugman|20179|accessdate=12 March 2017}}</ref>
| currentclub =
| clubnumber =
| position = [[Forward (association football)|Forward]]
| youthyears1 = 1992–1993
| youthclubs1 = [[Australian Institute of Sport - Football (soccer)|AIS]]
| years1 = 1993–1995
| years2 = 1995–1998
| years3 = 1998–2000
| years4 = 2000–2004
| years5 = 2004–2007
| years6 = 2007–2009
| clubs1 = [[Melbourne Knights]]
| clubs2 = [[GNK Dinamo Zagreb|Dinamo Zagreb]]
| clubs3 = [[Celtic F.C.|Celtic]]
| clubs4 = [[Leeds United F.C.|Leeds United]]
| clubs5 = [[Middlesbrough F.C.|Middlesbrough]]
| clubs6 = [[Newcastle United F.C.|Newcastle United]]
| caps1= 48 | goals1 = 40
| caps2= 84 | goals2 = 40
| caps3= 37 | goals3 = 30
| caps4= 130 | goals4 = 59
| caps5= 72 | goals5 = 26
| caps6= 38 | goals6 = 7
| caps7= 27 | goals7 = 16
| totalcaps = 409
| totalgoals = 202
| nationalyears1 = 1993–1994
| nationalyears2 = 1994–1996
| nationalyears3 = 1994–2007
| nationalteam1 = [[Australia national under-20 soccer team|Australia U20]]
| nationalteam2 = [[Australia national under-23 soccer team|Australia U23]]
| nationalteam3 = [[Australia national soccer team|Australia]]
| nationalcaps1 = | nationalgoals1 =
| nationalcaps2 = 18 | nationalgoals2 = 17
| nationalcaps3 = 43 | nationalgoals3 = 11
| pcupdate = 09:12, 14 August 2009 (BST)
| ntupdate = 12:00, 22 July 2007 (UTC)
}}


'''Mark Anthony Viduka''' ({{IPAc-en|v|ɪ|ˈ|d|uː|k|ə}} {{respell|vih|DOOK|ə}}; born 9 October 1975)<ref>{{cite news|url=http://www.espnfc.com/england/players/vidukamark.html|title=Mark Viduka|date=14 August 2002|work=ESPN}}</ref><ref>{{cite news|url=https://www.theguardian.com/football/2000/nov/19/championsleague.sport1|title=Viduka leaves the asylum|date=20 November 2000|work=The Guardian}}</ref><ref>{{cite news|url=http://www.heraldscotland.com/news/12434332.VIDUKA_from_tantrum_to_talisman__Cartoon_strips__dressing_room_rows_and_a_name_change_______Australia_apos_s_captain_has_come_a_long_way_since_he_walked_out_on_Celtic__Mark_Wilson_reports|title=VIDUKA from tantrum to talisman Cartoon strips, dressing room rows and a name change . . . Australia's captain has come a long way since he walked out on Celtic. Mark Wilson reports|date=5 June 2006|work=Herald Scotland}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/sport/football/scottish_premier/229586.stm|title=Celtic consider Viduka legal move|date=7 December 1998|work=BBC}}</ref><ref>{{cite news|url=http://www.vecernji.hr/sp-hrvatska-reprezentacija/viduka-progovorio-nakon-duge-sutnje-kovac-je-dobar-covjek-igraci-ce-ga-pratiti-943110|title=Viduka progovorio nakon duge šutnje: Kovač je dobar čovjek, igrači će ga pratiti|date=6 June 2014|work=Večernji list|language=Serbo-Croatian}}</ref> is an Australian retired [[association football|footballer]] who played as a [[centre forward]]. He captained the [[Australia national soccer team|Australia national team]] to the Round of 16 at the [[2006 FIFA World Cup]] which remains their best ever performance to date. His four goals in the [[UEFA Champions League]] are the most scored by any Australian player.
'''Marital rape''' or '''spousal rape''' is the act of [[sexual intercourse]] with one's spouse without the spouse's [[consent]]. The lack of consent is the essential element and need not involve physical violence. Marital rape is considered a form of [[domestic violence]] and [[sexual abuse]]. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as [[rape]] by many societies around the world, repudiated by international conventions, and increasingly criminalized.


==Club career==
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. Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal.
{{more citations needed|section|date=January 2018}}


===Melbourne Knights===
Marital rape is more widely experienced by women, though not exclusively. Marital rape is often a chronic form of violence for the victim which takes place within [[domestic violence|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. The reluctance to criminalize and prosecute marital rape has been attributed to traditional views of marriage, interpretations of religious doctrines, ideas about [[Male sexuality|male]] and [[female sexuality]], and to cultural expectations of subordination of a wife to her husband—views which continue to be common in many parts of the world. These views of marriage and sexuality started to be challenged in most [[Western countries]] from the 1960s and 70s especially by [[second-wave feminism]], leading to an acknowledgment of the woman's right to [[self-determination]] (i.e., control) of all matters relating to her body, and the withdrawal of the exemption or defense of marital rape.
In 1993, Viduka started his professional football career in Australia for Croatian-based club [[Melbourne Knights FC|Melbourne Knights]] (which up until the 1993 season was known as Melbourne Croatia) and became an Australian international in June of the following year. In his two seasons with the Knights, he was top goal scorer in the [[National Soccer League]] (NSL) and was twice awarded the [[Johnny Warren Medal]] for NSL Best Player of the Year<ref>[http://www.ozfootball.net/ark/NSL/NSLawards.html Player Of The Year Awards – OzFootball], accessed 8 July 2006 {{webarchive|url=https://web.archive.org/web/20060427114512/http://www.ozfootball.net/ark/NSL/NSLawards.html|date=27 April 2006}}</ref> in [[National Soccer League 1993-94|1993–94]] and [[National Soccer League 1994-95|1994–95]]. His time at Melbourne Knights included one NSL title in the 1994–95 season. The grandstand at [[Mansion Stadium|Knights' Stadium]], home of the Knights, was renamed the ''"Mark Viduka Stand"'' in his honour and paid for with his transfer money.<ref>{{Cite news|url=https://www.smh.com.au/sport/soccer/former-socceroo-captain-mark-viduka-will-never-forget-his-roots-20150619-ghs5c1.html|title=Former Socceroo captain Mark Viduka will never forget his roots|work=Sydney Morning Herald|access-date=2019-06-19|language=en}}</ref>


===Dinamo Zagreb===
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. In many countries, it is still unclear whether marital rape is covered by the ordinary rape laws, but in some it may be covered by general statutes prohibiting violence, such as [[assault]] and [[Battery (crime)|battery]] laws.
In 1995, Viduka moved to Croatia to play with [[GNK Dinamo Zagreb|Croatia Zagreb]] (now Dinamo Zagreb). He spent three-and-a-half seasons with the club, helping it to win three [[Double (association football)|doubles]] in Croatia between 1996 and 1998. He was also part of the Croatia Zagreb team that reached the third round of the [[UEFA Europa League|UEFA Cup]] in [[1997–98 UEFA Cup|1997]] and went on to make his [[UEFA Champions League]] group stage debut with the club a year later. He won the Best Foreigner Footballer Award in the [[Croatian First Football League|Croatian League]] in his time at Zagreb.<ref>{{cite web | url=https://www.socceroos.com.au/news/mark-viduka-interview | title=Mark Viduka Interview | publisher=Socceroos.com | date=3 May 2000 | accessdate=13 May 2019}}</ref>


==History==
===Celtic===
[[Celtic F.C.|Celtic]] bought Viduka in December 1998 for [[Pound sterling|£]]3.5&nbsp;million. In the same month as his signing, Celtic announced that Viduka had quit the club without kicking a ball for them, citing stress as his reason.<ref>{{cite news|title=Viduka rejected Celtic|work=[[BBC Sport]]|publisher=bbc.co.uk|date=10 July 2004|url=http://news.bbc.co.uk/sport1/hi/football/teams/c/celtic/3882507.stm|accessdate=6 May 2008|quote=Viduka enjoyed a successful spell at Parkhead, despite a rocky start which saw him walk out four days after signing due to stress.}}</ref>
{{See|History of rape}}
Historically, in much of the world, rape was seen as a [[crime]] or [[tort]] of [[theft]] of a man's [[property]] (usually either a husband or father). In this case, property damage meant that the crime was not legally recognized as damaging to the victim, but instead to her father or husband's property. Therefore, by definition a husband could not rape his wife.<ref>Jonathan Herring. ''Family Law: A Very Short Introduction''. {{ISBN|9780199668526}}. p. 35.</ref> The view that a husband cannot be charged with the rape of his wife was described by [[Sir Matthew Hale]] (1609–1676) in ''[[History of the Pleas of the Crown]]'', published posthumously in 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". Also, American and [[English law]] subscribed until the 20th century to the system of [[coverture]], that is, a legal doctrine under which, upon marriage, a woman's legal rights were subsumed by those of her husband.<ref>{{cite web|url=http://www.mdx.ac.uk/WWW/STUDY/xBlack.htm |title=Extracts from William Blackstone's Commentaries on the Laws of England 1765-1769 |accessdate=2015-03-15 |url-status=dead |archiveurl=https://web.archive.org/web/20081005032946/http://www.mdx.ac.uk/WWW/STUDY/xblack.htm |archivedate=2008-10-05 }}</ref> The implication was that once unified by marriage, a spouse could no longer be charged with raping one's spouse, anymore than be charged with raping oneself.<ref>Anderson, Michelle J. "Marital Rape Laws Globally." Marital Rape: Consent, ''Marriage and Social Change in Global Context''. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 178. Print.</ref>


A week later, Croatia Zagreb complained that it had not received the agreed fee for the player. These issues were eventually resolved and Viduka made his first appearance in a Celtic shirt on 16 February 1999, scoring for the under-21 team as an over-age player in a 4–2 victory against [[Motherwell F.C.|Motherwell]]. After making his first team debut against [[Dundee United F.C.|Dundee United]] on 27 February 1999,<ref>{{cite web|url=http://www.sportinglife.com/football/scottishpremier/celtic/reports/story_get.cgi?STORY_NAME=soccer/99/02/27/SOCCER_Celtic_Nightlead.html&TEAMHD=celtic&DIV=scotsprem&TEAM=CELTIC&RH=Celtic&PREV_SEASON=1997|title=Celtic 2 Dundee United 1|publisher=Sporting Life|date=27 February 1999|accessdate=21 August 2010}}</ref> his first goals for the club came when he scored a brace against [[Greenock Morton F.C.|Greenock Morton]] in the [[Scottish Cup]] on 8 March 1999.<ref>{{cite news
In the US, the wife's legal subordination to her husband was fully ended by the case of ''[[Kirchberg v. Feenstra]]'', {{Ussc|450|455|1981|el=no}}, a [[Supreme Court of the United States|United States Supreme Court]] case in which the Court held a [[Louisiana]] [[Head and Master law]], which gave sole control of marital property to the husband, unconstitutional.<ref>{{cite web|url=https://supreme.justia.com/cases/federal/us/450/455/|title=Kirchberg v. Feenstra :: 450 U.S. 455 (1981) :: Justia U.S. Supreme Court Center|work=Justia Law|accessdate=22 August 2015}}</ref> Many jurisdictions, including all fifty U.S. states, criminalizing marital rape by the 1990s. English common law also had a great impact on many legal systems of the world through [[colonialism]]. (Bovarnik, 2007).
|url=https://www.independent.co.uk/sport/football-viduka-goals-send-celtic-cruising-through-1079444.html|title=Viduka goals send Celtic cruising through|publisher=[[The Independent]]|date=8 March 1999|accessdate=21 August 2010|location=London, UK|first=David|last=McKinney}}</ref> He was voted [[SPFA Players' Player of the Year|Scottish Player of the Year]] for [[1999–00 in Scottish football|1999–2000]] after scoring 27 goals in his first full season at [[Celtic Park]]. He was regarded as a skilled player, with [[Josip Šimunić]] noting his ability to hold the ball up well and bring other players into the game.<ref>{{cite web|url=http://www.theroar.com.au/2010/12/09/viduka-to-be-honoured-with-alex-tobin-medal/|title=Viduka to be honoured with Alex Tobin medal|date=9 December 2010|website=Theroar.com.au|accessdate=17 January 2018}}</ref>


In February 2000, lower league team [[Inverness Caledonian Thistle]] defeated Celtic in a shock upset in the third round of the [[Scottish Cup]]. During half time Viduka reportedly threw his boots in the bin and refused to play in the second half after an altercation with assistant coach, [[Eric Black]]. The match ended 3–1 with Celtic fans in uproar.<ref>{{cite web|url=http://www.thecelticwiki.com/page/2000-02-08:+Celtic+1-3+Inverness+Caledonian+Thistle,+Scottish+Cup|title=2000-02-08: Celtic 1-3 Inverness Caledonian Thistle, Scottish Cup - The Celtic Wiki|website=Thecelticwiki.com|accessdate=17 January 2018}}</ref>
Kersti Yllö states in the prologue of ''Understanding Marital Rape In a Global Context'', "In some cultures, consent is not even something that an individual wife can give. The families that arranged the marriage guarantee her permanent consent."<ref name=":8">{{Cite book|title=Marital Rape: Consent, Marriage, and Social Change in a Global Context|isbn=978-0190238360|url=https://books.google.com/books?id=feShjwEACAAJ|last=Kersti Yllo|first=Gabrielle M. Torres|publisher=|year=2016|location=|pages=}}</ref> Control over a wife's sexuality was only a part of the greater control that men had in all other areas concerning her. 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".<ref>{{Cite book |url={{Google books |plainurl=yes |id=0PLYXR2x0n0C }} |title=Judging Evil: Rethinking the Law of Murder and Manslaughter |isbn=978-0-8147-6680-4 |last1=Pillsbury |first1=Samuel H |date=2000-07-01}}</ref> For this reason, in many cultures there was a conflation between the crimes of rape and adultery, since both were seen and understood as a violation of the rights of the husband. 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.


In March 2000, Viduka assisted Celtic to win Scotland's [[1999-2000 Scottish League Cup]]. He left after his first full season at the club.
The property to be withheld in a female was her virginity; this was the commodity (Bergen, 2016). 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). Therefore, a man could not be prosecuted for raping his own wife because she was his possession (Schelong, 1994). 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. Therefore, rape laws were created to "…protect the property interests men had in their women, not to protect women themselves" (Schelong, 1994). This concept of women as property permeates current marital rape ideology and laws throughout the globe.


===Leeds United===
In some cultures, marriage is [[arranged marriage|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). 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. Under [[customary law]] in certain parts of Africa, forced sex in marriage was not prohibited, although some specific circumstances, such as during advanced pregnancy, immediately after childbirth, during menstruation, or during mourning for a deceased close relative, were recognized as giving the wife the right to refuse sex.<ref>{{cite web|url=http://theequalityeffect.org/pdfs/ConsentPaperMalawi.pdf |title=THE TREATMENT OF CONSENT IN SEXUAL ASSAULT LAW IN MALAWI |website=Theequalityeffect.org |accessdate=2016-07-16}}</ref>
[[Leeds United F.C.|Leeds United]] manager [[David O'Leary]] signed Viduka just before the [[2000–01 in English football|2000–01 season]] for £6&nbsp;million. At Leeds, he was expected to line up in a three-pronged attack alongside the previous season's top scorer [[Michael Bridges]] and Australia teammate [[Harry Kewell]], but injuries to those two saw him form a partnership with [[Alan Smith (footballer, born 1980)|Alan Smith]] in Leeds' Champions League matches, while [[Robbie Keane]] – signed on loan from [[Inter Milan]] as cover for Bridges – also benefited in their [[Premier League]] matches together in the second half of the season. In his first season, Viduka scored 22 goals, including all four in a memorable 4–3 win over [[Liverpool F.C.|Liverpool]] at [[Elland Road]]. He signed a five-year deal in the summer of 2001 and would star in both domestic competitions and Europe, with Leeds finishing in the country's top four in 2000–01, and fifth in 2001–02.


In the [[2002–03 in English football|2002–03 campaign]], Viduka scored another 22 goals, including a hat-trick in a 6–1 win at [[Charlton Athletic F.C.|Charlton Athletic]]<ref>{{cite news| url=http://news.bbc.co.uk/sport1/hi/football/eng_prem/2895709.stm | work=BBC News | title=Leeds thrash Charlton | date=5 April 2003}}</ref> and the winner in a 3–2 victory at [[Arsenal F.C.|Arsenal]] on the penultimate day of the season that effectively saved United from relegation. His hat-trick in the Charlton game is the most recent hat-trick to date by a Leeds United player in the Premier League.<ref>{{cite web|url=http://www.leedsunited-mad.co.uk/feat/edy3/hattrick_heroes_286630/index.shtml|title=Hat-Trick Heroes - LeedsUtdMAD|website=Leedsunited-mad.co.uk|accessdate=17 January 2018}}</ref>
Rape has been, until recent decades, understood as a crime against honor and reputation – not only in domestic legislation, but also in international law; for example according to the Article 27 of the [[Fourth Geneva Convention]], "Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault".<ref>{{cite web|url=https://www.icrc.org/ihl/WebART/380-600032?OpenDocument |title=Treaties, States parties, and Commentaries – Geneva Convention (IV) on Civilians, 1949 - - Section I : Provisions common to the territories of the parties to the conflict and to occupied territories |website=Icrc.org |date=1949-08-12 |accessdate=2016-07-16}}</ref> It was not until the 1990s that the ICC statute recognized crimes of sexual violence as violent crimes against the person;<ref name="byu.edu">{{cite web|url=http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1294&context=jpl |format=PDF |title=One Small Step for Women: Female-Friendly Provisions in the Rome Statute of the International Criminal Court |author=Rana Lehr-Lehnardt |website=Digitalcommons.law.byu.edu |accessdate=2016-07-16}}</ref> "Not until the last half century was rape understood to be an offense against the woman, against her dignity, instead of against her family's or her husband's honor".<ref name="byu.edu" />


However, the club's financial crisis continued, and resulted in the sale of key players including Harry Kewell and Robbie Keane. In the 2003–04 season, Viduka was again top scorer at Leeds, finishing the season strongly as was the case in the previous season, as interim manager [[Eddie Gray (footballer, born 1948)|Eddie Gray]] attempted to steer the club away from the Premier League trap door following the departure of [[Peter Reid]] in November after eight months as manager.
==Legal aspect==
Historically, many cultures have had a concept of spouses' [[Marriage#Rights and obligations|conjugal rights]]<ref>{{cite web|url=http://www.malaysiakini.com/letters/29772 |title=Sex a conjugal right |accessdate=2004-09-08 |url-status=live |archiveurl=https://web.archive.org/web/20040908233453/http://www.malaysiakini.com/letters/29772 |archivedate=2004-09-08 |date=2004-09-06 }}</ref> to [[sexual intercourse]] with each other. This can be seen in English [[common law]], in force in [[North America]] and the [[Commonwealth of Nations|British Commonwealth]], where the very concept of marital rape was treated as an impossibility. 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."


However, during his final appearance in the jersey, Leeds were relegated in a 4–1 loss to [[Bolton Wanderers F.C.|Bolton Wanderers]] at [[Reebok Stadium]]. After scoring a penalty, Viduka was sent off following two yellow cards. He was sold to [[Middlesbrough F.C.|Middlesbrough]] in the summer of 2004 as United's financial difficulties deepened.{{citation needed|date=January 2018}}
===Formalization of the marital rape exemption in law===


===Middlesbrough===
====Common law and the United Kingdom====
Viduka's debut season at Middlesbrough was initially impressive, albeit frustrated by injuries. In the [[2005–06 in English football|2005–06 season]], however, Viduka was in sensational form in all competitions for Middlesbrough, reaching double figures early on in the season. He also played an important part in spearheading Middlesbrough's campaign in the [[2005–06 UEFA Cup]] where the club twice had to score four goals in a game to proceed. Middlesbrough eventually lost in the [[2006 UEFA Cup Final|final]] to [[Sevilla FC|Sevilla]] on 10 May 2006.
{{See also|Rape in English law}}


With his contract due to expire at the end of the [[2006–07 in English football|2006–07 season]], Middlesbrough manager [[Gareth Southgate]] expressed his interest in retaining Viduka. In August 2006, he was awarded the number 9 shirt at Middlesbrough, his preferred number at all his previous clubs. Following another successful season in which he scored 19 goals, Viduka attracted interest from other clubs who were hoping to sign him on a free transfer as he became out-of-contract. Southgate reiterated his wish to retain Viduka's services and revealed he would offer him a new contract. Viduka joined [[North East England|north-east]] rivals [[Newcastle United F.C.|Newcastle United]] on a [[Free transfer (football)|free transfer]] on 7 June 2007.<ref>{{cite news|url=http://news.bbc.co.uk/sport1/hi/football/teams/n/newcastle_united/6729863.stm|title=Viduka makes switch to Newcastle|accessdate=17 January 2018|date=7 June 2007|publisher=bbc.co.uk|work=[[BBC Sport]]}}</ref>
Sir Matthew Hale's statement in ''History of the Pleas of the Crown'' did not cite a legal [[precedent]] for it, though it relied on earlier standards. In a case of [[Thomas Audley, 1st Baron Audley of Walden|Lord Audley's]] (1488–1544), for instance, Hale cite's the jurist [[Bracton]] (c. 1210 – c. 1268) support of this rule, said to have derived from laws of King [[Æthelstan]] (r. 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".<ref>Geis, Gilbert. “Rape in Marriage: Law and Law Reform in England, the United States, and Sweden,” Adelaide Law Review, 1978; 6(2):285.</ref> A lawful marriage legitimizes the conjugal act itself, so "marital rape" is a [[Contradictio in terminis|contradiction in terms]]. While a physical assault against a spouse may be charged, such is distinct from the delegitimization of conjugal union itself as rape. Marriage then should not be defined as an "exemption" to rape but as "contradictory" to it. Marriage created conjugal rights between spouses, and marriage could not be annulled except by a private Act of Parliament—it therefore follows that a spouse could not revoke conjugal rights from the marriage, and therefore there could be no rape between spouses. The principle was repeated in East's ''Treatise of the Pleas of the Crown'' in 1803 and in Archbold's ''Pleading and Evidence in Criminal Cases'' in 1822. The principle was framed as an exemption to the law of rape in an English courtroom in ''R v Clarence'',<ref>''R v Clarence'' (1888) 22 QBD 23</ref> but it was not overturned until 1991 by the [[House of Lords]] in the case of ''[[R v R|R. v. R]]'' in 1991,<ref>{{cite web|url=http://www.bailii.org/uk/cases/UKHL/1991/12.html|title=''R. v. R'' &#91;1992&#93; 1 AC 599.}}</ref> where it was described as an anachronistic and offensive legal fiction.


===Newcastle United===
===Feminist critique in the 19th century===
[[File:Mark Viduka in pink scarf.JPG|thumb|170px|Viduka warming up for Newcastle]]
From the beginnings of the 19th century [[feminist movement]], activists challenged the presumed right of men to engage in forced or coerced sex with their wives. In the [[United States]], "the nineteenth-century woman's rights movement fought against a husband's right to control marital intercourse in a campaign that was remarkably developed, prolific, and insistent, given nineteenth-century taboos against the public mention of sex or sexuality."<ref>{{Cite journal | volume = 88 | last = Hasday | first = Jill Elaine | title = Contest and Consent: A Legal History of Marital Rape | journal = California Law Review | year = 2000 | doi = 10.2307/3481263 | issue = 5 | pages = 1373–1505 | jstor = 3481263 | url = https://chicagounbound.uchicago.edu/occasional_papers/9 | type = Submitted manuscript }}</ref> [[Suffragists]] including [[Elizabeth Cady Stanton]] and [[Lucy Stone]] "singled out a woman's right to control marital intercourse as the core component of equality."<ref>Stanton: "'Woman's degradation is in man's idea of his sexual rights,' Stanton wrote to Anthony. 'How this marriage question grows on me. It lies at the very foundation of all progress.'" Stone: "It is clear to me, that [the marriage] question underlies, this whole movement and all our little skirmishing for better laws, and the right to vote, will yet be swallowed up, in the real question, viz, has woman, as wife, a right to herself? It is very little to me to have the right to vote, to own property &c. if I may not keep my body, and its uses, in my absolute right. Not one wife in a thousand can do that now, & so long as she suffers this bondage, all other rights will not help her to her true position." {{Cite journal | volume = 88 | last = Hasday | first = Jill Elaine | title = Contest and Consent: A Legal History of Marital Rape | journal = California Law Review | year = 2000 | doi = 10.2307/3481263 | issue = 5 | pages = 1373–1505 | jstor = 3481263 | url = https://chicagounbound.uchicago.edu/occasional_papers/9 | type = Submitted manuscript }}</ref>
In signing for Newcastle, Viduka became manager [[Sam Allardyce]]'s first signing at the club. His contract was for two years, with the option of a third year. He made his Newcastle debut in a Premier League match at Bolton on 11 August and scored his first goal on 26 August against his former club Middlesbrough.


On 23 September, he scored a further two goals against [[West Ham United F.C.|West Ham United]] to bring his tally up to three for Newcastle. On 23 December, he again scored two goals against [[Derby County F.C.|Derby County]]. After an injury lay off over the new year, Viduka was brought back into the side by new manager [[Kevin Keegan]], where he played as part of a 4–3–3 formation along with [[Michael Owen]] and [[Obafemi Martins]]. This new formation brought about a change of fortune for Newcastle as the three strikers rescued them from a relegation battle, with Viduka scoring two more goals over the rest of the season and setting up others for Martins and Owen before picking up an [[Achilles' heel]] injury before the last game of the season.
Nineteenth century feminist demands centered on the right of women to control their bodies and fertility, positioned consent in marital sexual relations as an alternative to contraception and abortion (which many opposed), and also embraced [[eugenics|eugenic]] concerns about excessive procreation.<ref>{{Cite journal | volume = 88 | last = Hasday | first = Jill Elaine | title = Contest and Consent: A Legal History of Marital Rape | journal = California Law Review | year = 2000 | pages = 1435–43 | doi = 10.2307/3481263 | issue = 5 | jstor = 3481263 | url = https://chicagounbound.uchicago.edu/occasional_papers/9 | type = Submitted manuscript }}</ref> British [[liberalism|liberal]] feminists [[John Stuart Mill]] and [[Harriet Taylor Mill|Harriet Taylor]] attacked marital rape as a gross double standard in law and as central to the subordination of women.<ref>{{Cite book | publisher = Cambridge University Press | isbn = 978-0-521-86020-8 | id = . . | editor1 = Nadia Urbinati | last = Zakaras | first = Alex | author2 = Maria Morales | title = J.S. Mill's political thought: A bicentennial reassessment | chapter = Rational freedom in John Stuart Mill's feminism | location = Cambridge | year = 2007 | page = 52 }}</ref>


Viduka made his return to the first team after six months out injured at former club Middlesbrough, coming on for Martins as a substitute on 29 November 2008. This was a great relief for manager [[Joe Kinnear]], who stated that he had previously feared the Australian's career might have been prematurely ended by his injury woes.<ref>{{cite web|url=http://www.skysports.com/story/0,19528,11095_4596801,00.html|title=Kinnear feared for Viduka|website=Skysports.com|accessdate=17 January 2018}}</ref> Later, Kinnear suggested to reporters that Viduka might call time on his career at the end of the [[2008–09 Newcastle United F.C. season|2008–09 season]]. Viduka, however, later expressed his desire to continue playing past this season after acquiring a groin injury in late December.<ref>{{cite web|url=http://www.skysports.com/story/0,19528,11095_4682429,00.html|title=Viduka aims to play on|website=Skysports.com|accessdate=17 January 2018}}</ref> After returning from injury, he was immediately used by newly appointed coach [[Alan Shearer]] in an attempt to prevent the team's relegation. After playing a [[man of the match]] performance in the 3–1 victory against his former team Middlesbrough, Mark appeared to have scored his first goal of the season against [[Fulham F.C.|Fulham]]. Match referee [[Howard Webb]], however, ruled that [[Kevin Nolan]] impeded goalkeeper [[Mark Schwarzer]] disallowing the goal. He was released following Newcastle's relegation.
Advocates of the [[Free love movement|Free Love Movement]], including early [[Anarcha-feminism|anarcha-feminists]] such as [[Voltairine de Cleyre]] and [[Emma Goldman]], as well as [[Victoria Woodhull]], Thomas Low Nichols, and Mary S. Gove Nichols, joined a critique of marital rape to advocate women's autonomy and [[sexual pleasure]].<ref>{{Cite journal | volume = 88 | last = Hasday | first = Jill Elaine | title = Contest and Consent: A Legal History of Marital Rape | journal = California Law Review | year = 2000 | pages = 1444–51 | doi = 10.2307/3481263 | issue = 5 | jstor = 3481263 | url = https://chicagounbound.uchicago.edu/occasional_papers/9 | type = Submitted manuscript }}</ref> [[Moses Harman]], a Kansas-based publisher and advocate for women's rights, was jailed twice under the [[Comstock laws]] for publishing articles (by a woman who was victimized and a doctor who treated marital rape survivors) decrying marital rape. [[De Cleyre]] defended Harman in a well-known article, "Sexual Slavery." She refused to draw any distinction between rape outside of and within marriage: "And that is rape, where a man forces himself sexually upon a woman whether he is licensed by the marriage law to do it or not."<ref>{{Cite journal | issn = 1040-0656 | volume = 7 | issue = 3 | pages = 54–68 [60] | last = Palczewski | first = Catherine Helen | title = Voltairine de Cleyre: Sexual Slavery and Sexual Pleasure in the Nineteenth Century | journal = NWSA Journal | date = 1995-10-01 | jstor = 4316402 }}</ref>


==International career==
[[Bertrand Russell]] (who was awarded the 1950 [[Nobel Prize in Literature]]) in his book ''[[Marriage and Morals]]'' (1929) deplored the situation of married women. He wrote "Marriage is for woman the commonest mode of livelihood, and the total amount of undesired sex endured by women is probably greater in marriage than in [[prostitution]]."<ref>{{cite web|url=http://www.notable-quotes.com/r/russell_bertrand.html |title=Bertrand Russell Quotes |publisher=Notable-quotes.com |accessdate=2013-06-15}}</ref>
Viduka began his international career in a friendly series against [[South Africa]] at the age of 18 in June 1994. The first game was played in Adelaide and the second game was played in Sydney. Australia won both games 1–0.<ref>{{cite web|url=https://www.fourfourtwo.com.au/feature/how-dukes-made-his-mark-255929/page4|title=How Dukes Made His Mark|website=FourFourTwo.com.au|accessdate=17 January 2018}}</ref> He scored his first international goal in October 1997 in the 23rd minute of a friendly game against [[Tunisia]].<ref>{{cite web|url=https://www.11v11.com/matches/tunisia-v-australia-01-october-1997-264477/|title=Tunisia v Australia, 01 October 1997|website=11v11.com|accessdate=17 January 2018}}</ref>


In 1996, Viduka joined the [[Olyroos]] as they competed in the [[1996 Summer Olympics]]. In Australia's first group game they lost to France 2–0. In their second group match they defeated Saudi Arabia 2–1. Viduka scored Australia's second goal in the 63rd minute with a clever back flick past the goalkeeper. In Australia's final group game Viduka made a contribution early in the game with an assist to [[Aurelio Vidmar]] in the 3rd minute. Despite Australia's early 0–2 lead, Spain made a spirited comeback and won 3–2. Due to the losses to France and Spain the Olyroos did not progress further in the tournament.<ref>{{cite web|url=http://www.ozfootball.net/ark/Olympics/1996.html|title=Olyroos 1996 Matches|website=Ozfootball.net|accessdate=17 January 2018}}</ref>
===20th and 21st century criminalization===
The marital rape exemption or defence became more widely viewed as inconsistent with the developing concepts of human rights and equality. Feminists worked systematically since the 1960s to overturn the marital rape exemption and criminalize marital rape.<ref>{{Cite journal | volume = 88 | last = Hasday | first = Jill Elaine | title = Contest and Consent: A Legal History of Marital Rape | journal = California Law Review | year = 2000 | pages = 1482–1505 | doi = 10.2307/3481263 | issue = 5 | jstor = 3481263 | url = https://chicagounbound.uchicago.edu/occasional_papers/9 | type = Submitted manuscript }}</ref> Increasing criminalization of spousal rape is part of a worldwide reclassification of sexual crimes "from offenses against morality, the family, good customs, honor, or chastity ... to offenses against liberty, self-determination, or physical integrity."<ref>{{Cite journal | doi = 10.1177/0003122410388493 | volume = 75 | issue = 6 | pages = 867–893 [871] | last = Frank | first = David John | author2 = Bayliss J. Camp| author3 = Steven A. Boutcher | title = Worldwide Trends in the Criminal Regulation of Sex, 1945 to 2005 | journal = American Sociological Review | date = 2010-12-01 }}</ref> In December 1993, the [[United Nations]] [[High Commissioner for Human Rights]] published the ''[[Declaration on the Elimination of Violence Against Women]]''. This establishes marital rape as a [[human rights]] violation.


Viduka featured in the two World Cup qualifiers against Iran in 1997. Australia failed to qualify.<ref>{{cite web|url=http://www.espnfc.com/story/989739/rewind-iran-stun-australia-to-reach-1998-world-cup|title=Socceroos suffer a shock|website=Espnfc.com|accessdate=17 January 2018}}</ref> Viduka was also a part of the [[Australia national soccer team]] that competed in the 1997 [[Confederations Cup]]. He scored Australia's opening goal in a 3–1 win over [[Mexico]] in Australia's first group game. However, in the final against [[Brazil]] he was sent off in the 24th minute after receiving a red card. Australia went on to lose the encounter 6–0.<ref>{{cite web|url=https://www.fifa.com/confederationscup/archive/saudiarabia1997/teams/team=43976/index.html|title=FIFA Confederations Cup Saudi Arabia 1997 - Teams - Australia - FIFA.com|first=|last=FIFA.com|website=FIFA.com|accessdate=17 January 2018}}</ref>
The importance of the right to self sexual determination of women is increasingly being recognized as crucial to [[women's rights]]. In 2012, High Commissioner for Human Rights [[Navi Pillay]] stated that:<ref>{{cite web |url=http://www.chr.up.ac.za/images/files/news/news_2012/Navi%20Pillay%20Lecture%2015%20May%202012.pdf |title=UNIVERSITY OF PRETORIA - CENTRE FOR HUMAN RIGHTS : Helen Kanzira Lecture |website=Chr.up.ac.za |accessdate=2016-07-16 |archive-url=https://web.archive.org/web/20170313210726/http://www.chr.up.ac.za/images/files/news/news_2012/Navi%20Pillay%20Lecture%2015%20May%202012.pdf |archive-date=2017-03-13 |url-status=dead }}</ref>


In 1999, Viduka featured in a friendly against Brazil. The game was played at the [[Melbourne Cricket Ground]] and concluded with a 2–2 draw. Viduka assisted [[Paul Agostino]] with the first goal of the game.<ref>{{cite web|url=http://www.gettyimages.fi/detail/news-photo/australias-mark-viduka-sets-up-the-socceroos-first-goal-news-photo/540002421?#australias-mark-viduka-sets-up-the-socceroos-first-goal-against-17-picture-id540002421|title=Australia's Mark Viduka sets up the Socceroos' first goal against Brazil, 17 Nov|publisher=[[Getty Images]]|accessdate=17 January 2018}}</ref> He also appeared in friendly matches against [[Hungary]] and [[Czech Republic]] in 2000. Defeating Hungary 3-0 and losing to Czech Republic 3–1.<ref>{{cite web|url=http://www.ozfootball.net/ark/Socceroo/2000A.html|title=Socceroo 2000 Matches|website=Ozfootball.net|accessdate=17 January 2018}}</ref> That same here Viduka once again joined the Olyroos in the [[2000 Olympic Games]] in his home country of Australia.<ref>{{cite web|url=https://www.telegraph.co.uk/sport/football/competitions/premier-league/4772173/Leeds-look-for-Olympic-flame-from-Viduka.html|title=Leeds look for Olympic flame from Viduka|first=John|last=Ley|date=24 September 2000|accessdate=17 January 2018|website=Telegraph.co.uk}}</ref> In 2001, he played alongside Australia as they competed against [[Uruguay]] in a two leg World Cup Qualifier. Australia lost on aggregate 3–1. This meant Viduka and Australia spent another World Cup on the sidelines.<ref>{{cite web|url=http://www.ozfootball.net/ark/Socceroo/2001A.html|title=Socceroo 2001 Matches|website=Ozfootball.net|accessdate=17 January 2018}}</ref>
:"Violations of women's human rights are often linked to their sexuality and reproductive role. (...) In many countries, married women may not refuse to have sexual relations with their husbands, and often have no say in whether they use contraception. (...) Ensuring that women have full autonomy over their bodies is the first crucial step towards achieving substantive equality between women and men. Personal issues—such as when, how and with whom they choose to have sex, and when, how and with whom they choose to have children—are at the heart of living a life in dignity."


In 2003, Viduka scored his third international goal in a friendly against Ireland. Australia would go on to lose the match 2–1.<ref>{{cite web|url=https://www.11v11.com/matches/republic-of-ireland-v-australia-19-august-2003-251747/|title=Republic of Ireland v Australia, 19 August 2003|website=11v11.com|accessdate=17 January 2018}}</ref>
Despite these trends and international moves, criminalization has not occurred in all [[United Nations member states|UN member States]]. Determining the criminal status of marital rape may be challenging, because, while some countries ''explicitly criminalize'' the act (by stipulating in their rape laws that marriage is not a defense to a charge of rape; or by creating a specific crime of 'marital rape'; or, otherwise, by having statutory provisions that expressly state that a spouse can be charged with the rape of their other spouse) and other countries ''explicitly exempt'' spouses (by defining rape as forced sexual intercourse outside of marriage; or forced sexual intercourse with a woman not the perpetrator's wife; or by providing in their rape provisions that marriage is a defense to a charge of rape), in many countries the ordinary rape laws are silent on the issue (that is, they do not address the issue one way or another)—in such cases, in order to determine whether marital rape is covered by the ordinary rape laws it must be analyzed whether there are judicial decisions in this respect; and former definitions of the law are also important (for instance whether there was previously a statutory exemption that was removed by legislators for the purpose of implicitly including marital rape).


Viduka began captaining the [[Australia national soccer team|Australia national team]] in September 2005 in place of the injured [[Craig Moore]], the regular captain. His first game as captain was in a [[World Cup Qualifier]] against [[Solomon Islands]] in Sydney, in which Australia won 7–0. He scored 2 goals on the occasion including a spectacular bicycle-kick goal. Viduka would go on to score a third goal only to be denied a hat-trick after being ruled offside. It was his first time playing against a team from the Oceana region.<ref>{{cite web|url=http://www.abc.net.au/news/2005-09-03/viduka-stars-in-easy-win-for-socceroos/2096106|title=Viduka stars in easy win for Socceroos|date=3 September 2005|website=Abc.net.au|accessdate=17 January 2018}}</ref> In October 2005, he continued his captaincy when he led Australia to a 5-0 crushing of [[Jamaica]] at Craven Cottage in a friendly game. In the 47th minute of the game [[Archie Thompson]] crossed to Viduka, who controlled the ball, thought about appealing for handball but then had time to crash the ball into the net.<ref>{{cite web|url=http://www.theage.com.au/news/soccer/australia-crushes-jamaica/2005/10/10/1128796413238.html|title=Australia crushes Jamaica - Soccer - Sport|website=Theage.com.au|accessdate=17 January 2018}}</ref>
In 2006, the UN Secretary-General's in-depth study on all forms of violence against women stated that (page 113):<ref>{{cite web|url=https://www.un.org/womenwatch/daw/vaw/publications/English%20Study.pdf |title=VAW/for printer/1/14/0|website=Un.org |date= |accessdate=2016-07-16}}</ref>


Viduka thrived under [[Guus Hiddink]]'s tenure as coach of the national squad and led Australia as it qualified for the [[2006 FIFA World Cup]] in Germany over a [[2006 FIFA World Cup qualification (play-off CONMEBOL-OFC)|two-leg qualifier against Uruguay]]. In the second leg, during the first half a swift flick kick from Viduka found [[Harry Kewell]] inside the box. Kewell scuffed his shot but the ball bounced kindly to [[Mark Bresciano]] who went on to score the goal that forced the Qualifier to go to a penalty shoot out.<ref>{{cite web|url=http://www.socceroos.com.au/article/greatest-socceroos-moments-in-australia---bresciano-stuns/9byuxj8gwgrh11c7cdz0gqye7|title=Greatest Socceroos moments in Australia – Bresciano stuns Uruguay|website=Socceroos|accessdate=17 January 2018}}</ref> Viduka would go on to miss his penalty, however Australia went on to win the shootout anyway.<ref>{{cite web|url=http://www.abc.net.au/news/2005-11-16/socceroos-qualify-for-world-cup/742402|title=Socceroos qualify for World Cup|date=16 November 2005|website=Abc.net.au|accessdate=17 January 2018}}</ref>
:"Marital rape may be prosecuted in at least 104 States. Of these, 32 have made marital rape a specific criminal offence, while the remaining 74 do not exempt marital rape from general rape provisions. Marital rape is not a prosecutable offence in at least 53 States. Four States criminalize marital rape only when the spouses are judicially separated. Four States are considering legislation that would allow marital rape to be prosecuted."


It was the first time in 32 years that Australia qualified to participate in the World Cup. On 21 May 2006, he was named as the Australian captain for the World Cup.<ref>
In 2011, the [[UN Women]] report Progress of the World's Women:In Pursuit of Justice stated that (page 17):<ref>{{cite web|url=http://progress.unwomen.org/pdfs/EN-Report-Progress.pdf |archive-url=https://web.archive.org/web/20110707122615/http://progress.unwomen.org/pdfs/EN-Report-Progress.pdf |url-status=dead |archive-date=7 July 2011 |title=Progress of the World's Women 2015-2016 |work=My Favorite News |accessdate=22 August 2015 }}</ref>
{{cite news
:"By April 2011, at least 52 States had explicitly outlawed marital rape in their criminal code".
| publisher = [[Fairfax Media]]
| work = [[The Age]]
| author = AAP
| date = 21 May 2006
|url=http://www.theage.com.au/news/soccer/viduka-named-socceroos-captain/2006/05/21/1148150115118.html
| title = Viduka named Socceroos captain
| accessdate = 21 May 2006
| quote =
| location=Melbourne
| authorlink = Australian Associated Press}}</ref>


In a lead up to the World Cup, Viduka captained Australia to friendly matches against the [[Netherlands]] and [[Greece]]. The Greece game was played at the [[Melbourne Cricket Ground]]. Australia won 1–0.<ref>{{cite web|url=http://www.smh.com.au/ftimages/2006/05/25/1148524822682.html|title=Australia v Greece - World Cup 2006 - Sport|website=Smh.com.au|accessdate=17 January 2018}}</ref> Australia's game with the Netherlands ended with a 1–1 draw. After trailing 1-0 Australia earned a penalty in the second half. Viduka took the spot kick, only to hit the top bar. However [[Tim Cahill]] scored of the rebound.<ref>{{cite web|url=https://www.foxsports.com.au/football/australia-has-never-lost-to-netherlands-before-in-three-previous-meetings/news-story/8f672c43c9a243eb2d2c5f252a5daf23|title=History says: Socceroos 3, Holland 0|date=17 June 2014|website=Foxsports.com.au|accessdate=17 January 2018}}</ref> Viduka also led Australia's national team to their first World Cup finals victory with a 3–1 win over [[Japan national football team|Japan]] in June 2006, as well as guiding them through an encounter with [[Brazil national football team|Brazil]], losing 2–0, and a controversial bout with [[Croatia national football team|Croatia]], ending with a 2–2 draw. He then led Australia into the second round, where they lost their round of 16 match to [[Italy national football team|Italy]]. Although a regular scorer in the Premier League, Viduka has struggled to score any significant goals for the ''Socceroos'', and the 2006 World Cup was no different.
Traditionally, rape was a criminal offense that could only be committed outside marriage, and courts did not apply the rape statutes to acts of forced sex between spouses. With changing social views, and international condemnation of sexual violence in marriage, courts have started to apply the rape laws in marriage. The current applicability in many countries of rape laws to spouses is currently unclear, since in many countries the laws have not been recently tested in court. In some countries, notably jurisdictions which have inherited the 1860 Indian Penal Code (such as [[Singapore]], [[India]], [[Bangladesh]], [[Sri Lanka]], [[Burma]]) and some countries in the [[Commonwealth Caribbean]] region, the laws explicitly exempt spouses from prosecution (for instance, under the 1860 Indian Penal Code, which has also been inherited by other countries in the region, the law on rape states that "Sexual intercourse by a man with his own wife is not rape").<ref>{{cite web|url=http://globaljusticecenter.net/index.php?option%3Dcom_mtree%26task%3Datt_download%26link_id%3D105%26cf_id%3D34 |title=Domestic Criminal Laws that Conflict with International Law - Burma's Abortion and Rape Laws: a Case Study |accessdate=2013-08-05 |url-status=dead |archiveurl=https://web.archive.org/web/20140109183807/http://globaljusticecenter.net/index.php?option=com_mtree&task=att_download&link_id=105&cf_id=34 |archivedate=2014-01-09 }}</ref>


Viduka considered retiring from international competition after the 2006 World Cup, citing increasing family commitments as the primary reason. In September 2006, however, he confirmed that he would continue playing for Australia and intended to compete in the 2007 [[Asian Cup]].<ref>
An example of a country where the rape law ''explicitly excludes'' a husband as a possible perpetrator is [[Ethiopia]]; its rape law states:<ref name="sgdatabase.unwomen.org"/> "Article 620 - Rape: Whoever compels a woman to submit to sexual intercourse ''outside wedlock'', whether by the use of violence or grave intimidation, or after having rendered her unconscious or incapable of resistance, is punishable with rigorous imprisonment from five years to fifteen years". Another example is [[South Sudan]], where the law states: "Sexual intercourse by a married couple is not rape, within the meaning of this section". (Art 247).<ref name="auto">{{cite web|url=http://www.goss-online.org/magnoliaPublic/en/Laws--Legislation--Policies/mainColumnParagraphs/0/content_files/file12/15.pdf |title=Government of the Republic of South Sudan - Official Portal |accessdate=22 August 2015 |url-status=dead |archiveurl=https://swap.stanford.edu/20130912135220/http://www.goss-online.org/magnoliaPublic/en/Laws--Legislation--Policies/mainColumnParagraphs/0/content_files/file12/15.pdf |archivedate=12 September 2013 }}</ref> Conversely, an example of country where the rape law ''explicitly criminalizes'' marital rape is [[Namibia]] - The Combating of Rape Act (No. 8 of 2000) states that: "No marriage or other relationship shall constitute a defence to a charge of rape under this Act".<ref>{{cite web|url=http://sgdatabase.unwomen.org/uploads/Namibia%20-%20Combating%20of%20Rape%20Act.pdf |title=Combating of Rape Act, No. 8 of 2000 |accessdate=2014-02-05 |url-status=dead |archiveurl=https://web.archive.org/web/20140222202239/http://sgdatabase.unwomen.org/uploads/Namibia%20-%20Combating%20of%20Rape%20Act.pdf |archivedate=2014-02-22 }}</ref> An example of a jurisdiction where marital rape is a ''distinct'' criminal offense is [[Bhutan]] where 'Marital rape' is defined by Article 199 which reads: "A defendant shall be guilty of marital rape, if the defendant engages in sexual intercourse with one's own spouse without consent or against the will of the other spouse".<ref>{{cite web |url=https://www.unodc.org/tldb/pdf/Bhutan_Penal_Code_2004_Eng.pdf |title=PENAL CODE OF BHUTAN, 2004 |website=Unodc.org |accessdate=2016-07-16 |url-status=dead |archiveurl=https://web.archive.org/web/20160809131736/https://www.unodc.org/tldb/pdf/Bhutan_Penal_Code_2004_Eng.pdf |archivedate=2016-08-09 }}</ref>
{{cite news
| publisher = [[Fairfax Media]]
| work = [[The Sydney Morning Herald|Sydney Morning Herald]]
| author = AAP | date = 26 September 2006
| url = http://www.smh.com.au/news/Sport/Socceroos-squad-named-for-Paraguay-clash/2006/09/26/1159036522043.html
| title = Viduka pledges to play on for Australia
| accessdate = 7 May 2007
| quote =
| authorlink = Australian Associated Press
}}</ref> In a [[friendly match|friendly]] against [[Singapore national football team|Singapore]], a week before the start of the [[2007 AFC Asian Cup|Asian Cup]], Viduka scored two headed goals in a 3–0 victory for Australia; former Leeds teammate Harry Kewell scored the third. It was the second time he scored two goals in an international match, having previously done so against the [[Solomon Islands national football team|Solomon Islands]] in 2005.


On Australia's first ever Asian Cup participation, Viduka captained the side and he scored their solitary goal against [[Iraq national football team|Iraq]], a game which they ultimately lost 1–3. In the next match, he scored two goals against co-host team [[Thailand national football team|Thailand]], defeating them 4–0; other goals scored by [[Michael Beauchamp]] and Harry Kewell and making them fall out of the remaining competition. At one stage, he led the goalscoring at the Asian Cup tournament, although his team was eliminated in the quarter-finals in a penalty shootout against Japan. Subsequent to that loss, question marks hang over whether Viduka will continue his international career.<ref>{{cite web|url=http://news.bbc.co.uk/sport2/hi/football/internationals/6910619.stm|title=Viduka faces Australia decision|date=22 July 2007|website=News.bbc.co.uk|accessdate=17 January 2018|via=news.bbc.co.uk}}</ref><ref>"Viduka mulls over Australia decision", Australian Broadcasting Corporation news website, 23 July 2007; [http://www.abc.net.au/news/stories/2007/07/23/1985099.htm?section=sport]</ref> Two years on from the 2007 Asian Cup, he was still yet to return for the ''Socceroos'', either stating he had injuries or club commitments. He missed World Cup Qualifiers against [[Qatar national football team|Qatar]], [[Bahrain national football team|Bahrain]] and Japan, even though fully fit and asked to play by ''Socceroo'' manager [[Pim Verbeek]]. Questions were raised over his commitment to the national team, even by other members of the squad.<ref>{{cite web|url=http://www.foxsports.com.au/story/0,8659,25660120-5014539,00.html|title=FOX SPORTS - Live Sports Scores - NRL, AFL, Cricket Scores|website=FOX SPORTS|accessdate=17 January 2018}}</ref> Viduka was not selected in the final squad for the [[2010 FIFA World Cup|2010 World Cup]], having retired from football a year previously.
By 1986, in Europe, there was international pressure to criminalize marital rape: the ''European Parliament's Resolution on Violence Against Women of 1986'' called for its criminalization.<ref>{{Google books |plainurl= |id=VWttAAAAQBAJ |page=1 |title=The Routledge Handbook of European Criminology }}</ref> This was reiterated by the Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence.<ref>{{cite web |title=On The Protection Of Women Against Violence |url=https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805e2612 |publisher=Council of Europe |accessdate=7 October 2018 |date=30 April 2002}}</ref> (see para 35) This recommendation provided detailed guidelines on how legislation regarding domestic violence, rape, and other forms of violence against women should operate. It also provided a definition of violence against women, and gave a list of non-exhaustive examples, including marital rape (see section "Definition" para 1). Although the approach on the issue of violence against women has varied significantly among European countries, the traditional view that acts of violence against a woman are crimes against honor and morality, and not against the self-determination of the woman, was still prevalent in the 1990s in many countries.<ref>[http://www.coe.int/t/dghl/standardsetting/convention-violence/thematic_factsheets/Honour%20Crimes_EN.pdf "There are many examples from different countries, mainly from the 1990s, but some even more recent than that, where judges handed down lenient sentences simply because the perpetrator claimed to have acted out of respect for his culture, tradition, religion or custom or to restore his so-called ''honour''" (explanations regarding the Istanbul Convention)] {{webarchive|url=https://web.archive.org/web/20150924040314/http://www.coe.int/t/dghl/standardsetting/convention-violence/thematic_factsheets/Honour%20Crimes_EN.pdf |date=2015-09-24 }}</ref> The above recommendation stated that member states must "ensure that criminal law provides that any act of violence against a person, in particular physical or sexual violence, constitutes a violation of that person's physical, psychological and/or sexual freedom and integrity, and not solely a violation of morality, honour or decency" (para 34).<ref>{{cite web|url=https://wcd.coe.int/ViewDoc.jsp?id=280915&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383|title=Committee of Ministers - on the protection of women against violence|author1=Council of Europe Committee of Ministers Plenary|accessdate=22 August 2015}}</ref> The approach regarding sexual and other forms of violence against women in specific European countries did not necessarily mirror women's rights in other areas of life (such as public or political life) in those countries: in fact some countries otherwise known for advanced women's rights, such as [[Finland]] and [[Denmark]], have received strong criticism for their policies in this area. A 2008 report produced by [[Amnesty International]],<ref>{{cite web|url=http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf |title=CASE CLOSED - RAPE AND HUMAN RIGHTS IN THE NORDIC COUNTRIES |accessdate=2013-12-03 |url-status=dead |archiveurl=https://web.archive.org/web/20131020202147/http://www.amnesty.dk/sites/default/files/mediafiles/44/case-closed.pdf |archivedate=2013-10-20 }}</ref> described Danish laws on sexual violence as "inconsistent with international human rights standards",<ref name="ohchr.org">{{cite web|url=http://www2.ohchr.org/english/bodies/hrc/docs/ngos/AI_Denmark_November2010.pdf |title=DENMARK : Human rights violations and concerns in the context of counter-terrorism, immigration-detention, forcible return of rejected asylum-seekers and violence against women |website=Ohchr.org |accessdate=2016-07-16}}</ref> which has led to Denmark eventually reforming its sexual offenses legislation in 2013.<ref>{{cite web|url=http://www.amnesty.dk/nyhed/amnesty/ny-voldtaegtslovgivning-er-en-sejr-danske-kvinders-retssikkerhed|title=Voldtægt|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://www.b.dk/nationalt/slut-med-konerabat-for-voldtaegt|title=Slut med "konerabat" for voldtægt|date=3 June 2013|work=www.b.dk|accessdate=22 August 2015}}</ref><ref>{{cite web|url=https://www.retsinformation.dk/Forms/R0710.aspx?id=164192|title=Straffeloven - Bekendtgørelse af straffeloven - retsinformation.dk|accessdate=22 August 2015}}</ref> (Until 2013, in Denmark "the Penal Code reduce[d] the level of penalty or provide[d] for exclusion of punishment altogether for rape and sexual violence within marriage in certain instances [...] and if the perpetrator enter[ed] into or continu[ed] a marriage with his victim the punishment for rape c[ould] be reduced or remitted").<ref name="ohchr.org"/> Cultural and religious values which support female subordination and inequality are considered important in dealing with the issue of sexual violence against women; but there have been calls for analyses of cultural gender norms which tolerate violence against women to not be based on stereotypes; [[Mala Htun]] and [[S. Laurel Weldon]] write "gender policy is not one issue but many" and "When [...] [[Latin America]]n countries are quicker to adopt policies addressing violence against women than the [[Nordic countries]], one at least ought to consider the possibility that fresh ways of grouping states would further the study of gender politics."<ref>{{Cite journal|url=https://www.academia.edu/2694918|title=When and Why do Governments Promote Women's Rights? Toward a Comparative Politics of States and Sex Equality|journal=Delivery at the Conference Toward a Comparative Politics of Gender: Advancing the Discipline Along Interdisciplinary Boundaries, Case Western Reserve University, Cleveland, Ohio, October|author=Mala Htun|accessdate=14 June 2015}}</ref> The causes of the toleration - in law or in practice - of sexual violence inside marriage are complex; lack of understanding of the concept of consent and coercion due to lack of [[sexual education]] and public discussion about sexuality are often cited as causes of sexual abuse in general; but there has been criticism towards the idea that sex education about consent, in and of itself, is sufficient.<ref>{{cite web|url=http://www.irishtimes.com/life-and-style/health-family/second-opinion-school-based-consent-education-won-t-stop-sexual-violence-1.2158599|title=Second Opinion: School-based consent education won't stop sexual violence|date=7 April 2015|work=The Irish Times|accessdate=22 August 2015}}</ref>


==Honours==
The countries which choose to ratify the [[Council of Europe Convention on preventing and combating violence against women and domestic violence]], the first legally binding instrument in Europe in the field of violence against women,<ref>{{cite web|url=https://www.oas.org/es/mesecvi/docs/CSW-SideEvent2014-Flyer-EN.pdf |title=The Convention of Belem do Para and the Istanbul Convention |website=Oas.org |accessdate=2016-07-16}}</ref> are bound by its provisions to ensure that non-consensual sexual acts committed against a spouse or partner are illegal.<ref>[http://conventions.coe.int/Treaty/EN/Treaties/Html/210.htm See ''Article 36 – Sexual violence, including rape'' para 3; and ''Article 43 – Application of criminal offences''.] [http://conventions.coe.int/Treaty/EN/Reports/Html/210.htm Also see the Explanatory Report, para 194, para 219 and para 220.]</ref> The convention came into force in August 2014.<ref>{{cite web|url=http://www.conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=210&CM=&DF=&CL=ENG|title=Liste complète|accessdate=14 July 2016}}</ref> In its explanatory report (para 219) it acknowledges the long tradition of toleration, ''de jure'' or ''de facto'', of marital rape and domestic violence:
===Club===
'''[[Melbourne Knights FC|Melbourne Knights]]'''<ref name = "FFA induction">{{cite web | url=http://www.melbourneknights.com.au/news/club-news/mark-viduka-inducted-into-ffa-hall-of-fame/ | title=Mark Viduka inducted into FFA Hall of Fame | publisher=Melbourne Knights FC | date=18 December 2014 | accessdate=2 April 2020}}</ref>
*[[National Soccer League]] (1): [[1994–95 National Soccer League|1994–95]]
*[[NSL Cup|National Soccer League Cup]] (1): 1994–95
*NSL Minor Premiership (2): [[1993–94 National Soccer League|1993–94]], 1994–95


'''[[GNK Dinamo Zagreb|Dinamo Zagreb]]'''
:"A large number of the offences established in accordance with this Convention are offences typically committed by family members, intimate partners or others in the immediate social environment of the victim. There are many examples from past practice in Council of Europe member states that show that exceptions to the prosecution of such cases were made, either in law or in practice, if victim and perpetrator were, for example, married to each other or had been in a relationship. The most prominent example is rape within marriage, which for a long time had not been recognised as rape because of the relationship between victim and perpetrator."
*[[Prva HNL|Croatian First Football League]] (3): [[1995–96 Prva HNL|1995–96]], [[1996–97 Prva HNL|1996–97]], [[1997–98 Prva HNL|1997–98]]
*[[Croatian Football Cup|Croatian Cup]] (3): [[1995–96 Croatian Football Cup|1995–96]], [[1996–97 Croatian Football Cup|1996–97]], [[1997–98 Croatian Football Cup|1997–98]]
'''[[Celtic F.C.|Celtic]]'''
*[[Scottish League Cup]] (1): [[1999–2000 Scottish League Cup|1999–00]]


====Legal changes====
===International===
'''[[Australia national under-20 soccer team|Australia U20]]'''
Countries which were early to criminalize marital rape include the [[Soviet Union]] (1922),<ref>The first criminal law code in Soviet Russia differed from Tsarist law on rape: "although the Tsarist law explicitly excluded marital rape, the Soviet law code of 1922 did not." {{Cite book | publisher = Greenwood Publishing Group | isbn = 978-0-313-29363-4 | last = Rule | first = Wilma | title = Russian women in politics and society | year = 1996 | page=160 }} Marital rape was explicitly included in the 1960 code.</ref> [[Poland]] (1932), [[Czechoslovakia]] (1950), some other members of the [[Communist Bloc]], [[Sweden]] (1965),<ref name="Elman 1996 90">{{cite book |title=Sexual subordination and state intervention: comparing Sweden and the United States |first=R Amy |last=Elman |publisher=Berghahn Books |year=1996 |page=90 |isbn=978-1-57181-071-7}}</ref> and [[Norway]] (1971).<ref name="Elman 1996 90"/> [[Slovenia]], then a [[Socialist Republic of Slovenia|republic]] within federal [[Yugoslavia]], criminalized marital rape in 1977.<ref name=Slovenia>With the new [[1974 Yugoslav Constitution]] each republic adopted their own Criminal Act, with [[Socialist Republic of Slovenia]] introducing rape of wife in its [http://www.dnevnik.si/tiskane_izdaje/dnevnik/1042227600 1977 Criminal Act]; (any) rape is not gender specific since [http://www.uradni-list.si/1/objava.jsp?urlid=199463&stevilka=2167 1995 Criminal Code] (Art. 180), [http://www.uradni-list.si/1/objava.jsp?urlurid=20082296 current Criminal Code] is from 2008 (Art. 170)</ref> The [[Israel]]i Supreme Court affirmed that marital rape is a crime in a 1980 decision, citing law based on the [[Talmud|Talmud (at least 6th century).]]<ref name=RiM284>{{Cite journal| volume = 6 | page = 284 | last = Geis | first = Gilbert | title = Rape-in-marriage: Law and law reform in England, the United States, and Sweden | journal = Adelaide Law Review | year = 1977}}</ref><ref name=IntroCrim79>David Kauzlarich, Introduction to Criminology, 2008, p. 79.</ref> Criminalization in [[Australia]] began with the state of [[New South Wales]] in 1981, followed by all other states from 1985 to 1992.<ref name="Temkin86">{{cite book | last = Temkin | first = Jennifer | chapter = Defining and redefining rape | editor-last = Temkin | editor-first = Jennifer | title = Rape and the legal process | page = 86 | publisher = Oxford University Press | location = Oxford New York | year = 2002 | edition = 2nd | isbn = 9780198763543 }}
*[[OFC U-20 Championship]]: [[1994 OFC U-20 Championship|1994]]
:''Citing'':
:* {{cite web | title = Criminal Law (Rape) (Amendment) Act, 1990, section 5 | archive-url = https://web.archive.org/web/20170429001010/http://www.irishstatutebook.ie/eli/1990/act/32/section/5/enacted/en/html#sec5 | archive-date = 29 April 2017 | url = http://www.irishstatutebook.ie/eli/1990/act/32/section/5/enacted/en/html#sec5 | website = irishstatutebook.ie | publisher = [[Irish Statute Book]] | access-date = 21 December 2017}}</ref> Several formerly British-ruled countries followed suit: [[Canada]] (1983),<ref>{{cite web|url=http://www.statcan.gc.ca/imdb-bmdi/document/3306_D6_T9_V5-eng.htm |title=Legislative Influences |publisher=Statcan.gc.ca |date=2010-08-18 |accessdate=2012-05-14}}</ref><ref>{{cite web|url=http://www.statcan.gc.ca/kits-trousses/justice/8104299-eng.pdf |title=Selected Changes in Justice Legislation |accessdate=2011-07-06 |url-status=dead |archiveurl=https://web.archive.org/web/20110706182129/http://www.statcan.gc.ca/kits-trousses/justice/8104299-eng.pdf |archivedate=2011-07-06 |date=2010-05-17 }}</ref> [[New Zealand]] (1985), and [[Republic of Ireland|Ireland]] (1990).<ref name="Temkin86"/>


'''[[Australia national under-23 soccer team|Australia U23]]'''
Marital rape was criminalized in [[Austria]] in 1989<ref>{{cite web|url=http://www.bizkaia.net/gizartekintza/Genero_Indarkeria/pdf/dokumentuak/legispaisesconsejoeuropa01.pdf |title=Legislation in the member States of the Council of Europe in the field of violence against women |website=Bizkaia.net |date= |accessdate=2016-07-16}}</ref> (and in 2004 it became a state offense meaning it can be prosecuted by the state even in the absence of a complaint from the spouse, with procedures being similar to stranger rape<ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=8725&baseHREF=country&baseHREFId=164 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |accessdate=2013-08-17 |url-status=dead |archiveurl=https://web.archive.org/web/20130725072148/http://sgdatabase.unwomen.org/searchDetail.action?measureId=8725&baseHREF=country&baseHREFId=164 |archivedate=2013-07-25 }}</ref>). In [[Switzerland]] marital rape became a crime in 1992<ref>{{cite web|url=http://www.rcne.com/downloads/RepsPubs/Attritn.pdf |title=Rape: Still a forgotten issue |accessdate=2004-08-21 |url-status=dead |archiveurl=https://web.archive.org/web/20040821111818/http://www.rcne.com/downloads/RepsPubs/Attritn.pdf |archivedate=2004-08-21 }}</ref> (and became a state offense in 2004<ref>{{cite web|url=http://www.admin.ch/ch/f/ff/2003/1750.pdf |title=Microsoft Word - 1750.doc |website=Admin.ch |date= |accessdate=2016-07-16}}</ref>). In [[Spain]], the Supreme Court ruled in 1992 that sex within marriage must be consensual and that sexuality in marriage must be understood in light of the principle of the freedom to make one's own decisions with respect to sexual activity; in doing so it upheld the conviction of a man who had been found guilty of raping his wife by a lower court.<ref>{{cite journal |pmid = 12293730 | issue=54 | title=[Judgment of 24 April 1992] |date=May 1992 | journal=Actual Jurid Aranzadi | pages=1, 7}}</ref>
*[[OFC Men's Olympic Qualifying Tournament|OFC U-23 Championship]]: [[1996 OFC Men's Olympic Qualifying Tournament|1996]]<ref>{{cite web | url=http://www.ozfootball.net/ark/Olympics/1996.html | title=Olyroos Matches for 1996 | publisher=Oz Football | accessdate=11 May 2019}}</ref>


===Individual===
In [[Europe]], [[Finland]] outlawed marital rape in 1994.<ref>{{cite web|url=http://www.om.fi/en/Etusivu/1191397296498|archiveurl=https://archive.today/20130217121106/http://www.om.fi/en/Etusivu/1191397296498|url-status=dead|title=Ministry of Justice, Finland - Entry page|date=17 February 2013|archivedate=17 February 2013}}</ref> The case of domestic violence in Finland has been the subject of interest and discussion, because Finland is otherwise considered a country where women have very advanced rights in regard to ''public'' life and participation in the public sphere (jobs, opportunities, etc.). The country has been made the object of international criticism in regard to its approach towards violence against women.<ref>{{cite web|url=http://www.hs.fi/english/article/Amnesty+International+criticises+Finland+over+violence+against+women/1135220014954 |title=Helsingin Sanomat - International Edition - Foreign |publisher=Hs.fi |accessdate=2013-06-15}}</ref> A 2010 Eurobarometer survey on European attitudes on violence against women showed that [[victim blaming]] attitudes are much more common in Finland than in other countries: 74% of Finns blamed "the provocative behaviour of women" for violence against women, much higher than in other countries (for instance many countries that are popularly believed to be among the most patriarchal of Europe were significantly less likely to agree with that assertion: 33% in Spain, 46% in Ireland, 47% in Italy).<ref>{{cite web|url=http://ec.europa.eu/public_opinion/archives/ebs/ebs_344_en.pdf |title=Microsoft Word - Report5811JLSdomesticviolenceEN_Word_finalRV.doc |website=Ec.europa.eu |date= |accessdate=2016-07-16}}</ref>
*[[Oceania Footballer of the Year]]: 2000
*[[SPFA Players' Player of the Year]]: 2000
*NSL Top Goalscorer: 1993–94, 1994–95
*NSL U21 Player of the Year: 1993–94, 1994–95
*[[Johnny Warren Medal]]: 1993–94, 1994–95
*SPL Top Goalscorer: 1999–00
* [[Australian Institute of Sport]] 'Best of the Best':<ref>[http://www.ausport.gov.au/ais/history/awards/best_of_the_best Australian Institute of Sport 'Best of the Best'] {{webarchive|url=https://web.archive.org/web/20121117224704/http://www.ausport.gov.au/ais/history/awards/best_of_the_best |date=17 November 2012 }} </</ref> 2001.
*[[PFA Footballer of the Year Awards#Alex Tobin OAM Medal|Alex Tobin OAM Medal]]: 2011
*[[Football Federation Australia Hall of Fame|FFA Hall of Fame]]: 2014<ref name = "FFA induction"/>


==Personal life==
[[Belgium]] was early to criminalize marital rape. In 1979, the Brussels Court of Appeal recognized marital rape and found that a husband who used serious violence to coerce his wife into having sex against her wishes was guilty of the criminal offense of rape. The logic of the court was that, although the husband did have a 'right' to sex with his wife, he could not use violence to claim it, as Belgian laws did not allow people to obtain their rights by violence.<ref name="Cornell">{{cite web|url=http://www.lawschool.cornell.edu/womenandjustice/Legal-and-Other-Resources/DisplayCountry.cfm?CountryID=7 |title=Country Details |publisher=Lawschool.cornell.edu |accessdate=2013-06-15}}</ref><ref>{{cite book |url={{Google books |plainurl=yes |id=TEqZlC3bNiYC }} |title=Corps de femmes: sexualité et contrôle social |accessdate=2013-06-15}}</ref> In 1989 laws were amended, the definition of rape was broadened, and marital rape began to be treated the same as other forms of rape.<ref name="coe.int">{{cite web|url=http://www.coe.int/t/dghl/standardsetting/violence/EG%282009%29%203_Legislation_F.pdf |title=Legislation Dans Les Etats Membres du Conseil de L'Europe en Matiere de Violence A L'Egard des Femmes |accessdate=2009-12-20 |url-status=dead |archiveurl=https://web.archive.org/web/20091220015626/http://www.coe.int/t/dghl/standardsetting/violence/EG%282009%29%203_Legislation_F.pdf |archivedate=2009-12-20 }}</ref>
Viduka and his wife Ivana have three sons together: Joseph (born November 2002), Lucas (born September 2006) and Oliver (born May 2008).<ref>
{{cite news
|title = Viduka leaving his mark
|url = http://www.heraldsun.com.au/sport/viduka-leaving-his-mark/story-e6frf9if-1226000563274
| publisher = [[News Limited]]
| work = [[Herald Sun]]
| date = 5 February 2011
| accessdate = 3 June 2012
}}</ref> His father Joe was from Croatia, from where he immigrated to Australia in the 1960s. [[Croatia]]n footballer and [[Ballon d'Or]] winner [[Luka Modrić]] is his cousin.<ref>[https://books.google.com/books?id=BLNg_4jTzrwC&pg=PA46&dq=bask+gradjanski&hl=pt-PT&sa=X&ei=vqJ7T7P3GYrd8gP0tZTeCA&ved=0CDEQ6AEwAA#v=onepage&q=bask%20gradjanski&f=false The Away Game] by Matthew Hall, pag. 45</ref>


Viduka currently lives in Zagreb, where he owns a coffee shop.<ref>{{cite web |last1=Radbourne |first1=Lucas |title=VIDUKA NOW A ZAGREB COFFEE SHOP OWNER: 'MY ONLY PRESSURE IS MAKING A GOOD BREW' |url=https://www.ftbl.com.au/news/viduka-now-a-zagreb-coffee-shop-owner-my-only-pressure-is-making-a-good-brew-546036?fbclid=IwAR25LYvsnrkABIBWWj2Aj2OXDEAzLl5AYpnjCQF0saWpJelFmGfjQuMmu2M |accessdate=6 April 2020}}</ref>
In [[Republic of Ireland|Ireland]], the Criminal Law (Rape) Act, 1981 defined rape as "unlawful sexual intercourse" without consent;<ref>{{cite web|url=http://www.irishstatutebook.ie/eli/1981/act/10/section/2/enacted/en/html#sec2|title=Criminal Law (Rape) Act, 1981, Section 2|work=[[Irish Statute Book]]|accessdate=26 April 2016}}</ref> an attempt to explicitly include spouses within the definition was rejected by the [[Government of the 21st Dáil|Fianna Fáil government]].<ref name="dail1981022500028"/> [[Seán Doherty (Roscommon politician)|Seán Doherty]], the [[Minister for Justice (Ireland)|Minister for Justice]], suggested that the courts might allow a charge of rape in some cases, and that various [[assault]] charges might be prosecuted in others.<ref name="dail1981022500028">{{cite web|url=http://oireachtasdebates.oireachtas.ie/Debates%20Authoring/DebatesWebPack.nsf/takes/dail1981022500028|title=Criminal Law (Rape) Bill, 1980: Committee Stage (Resumed).|date=25 February 1981|work=Dáil Éireann debates|publisher=Oireachtas|pages=Vol.327 cc.296–341 |nopp=y|accessdate=26 April 2016}}</ref> A 1987 discussion paper by the [[Law Reform Commission (Ireland)|Law Reform Commission]] stated, "In the absence of Irish [[Judgment (law)|decision]]s on the topic, the present law cannot be stated with any great degree of confidence. It would appear, however, that to the extent that the marital rape exemption exists, it is confined to circumstances where the spouses are cohabiting and there are no [[judicial separation|separation]] proceedings in being, or even, perhaps, in contemplation."<ref>{{cite web|url=http://www.lawreform.ie/_fileupload/consultation%20papers/cpRape.htm|title=Consultation Paper: Rape|date=1 December 1987|publisher=Law Reform Commission|pages=§21 |nopp=y|accessdate=26 April 2016|location=Dublin}}</ref> The paper's call to abolish any marital exemption was "on the whole, generally welcomed, although some misgivings were expressed as to whether it might not lead to fabricated complaints and unwarranted intrusions in the marital relationship."<ref>{{cite web|url=http://www.lawreform.ie/_fileupload/Reports/rRape.htm|title=Report: Rape and Allied Offences|date=May 1988|work=LRC 24|publisher=Law Reform Commission|pages=§18 |nopp=y|accessdate=26 April 2016|location=Dublin}}</ref> The Criminal Law (Rape) (Amendment) Act, 1990 removed the word "unlawful" from the 1981 definition of rape, and abolished "any rule of law by virtue of which a husband cannot be guilty of the rape of his wife".<ref>{{cite web|url=http://www.irishstatutebook.ie/eli/1990/act/32/enacted/en/index.html |title=Criminal Law (Rape) (Amendment) Act, 1990 |pages=Section 21 and Schedule, No.5; Section 5 |nopp=y|work=[[Irish Statute Book]]|accessdate=26 April 2016}}</ref> The first two convictions were in 2006 (upon retrial) and 2016.<ref>{{cite news|url=http://www.irishtimes.com/news/social-affairs/marital-rape-remains-extremely-difficult-to-prosecute-1.2734172|title=Marital rape remains extremely difficult to prosecute|last=Holland|first=Kitty|date=26 July 2016|work=[[The Irish Times]]|accessdate=26 July 2016}}</ref>


Viduka had a song written about him by English singer/songwriter and Middlesbrough fan [[Alistair Griffin]] (who also previously co-wrote the football song recorded by [[Terry Venables]]). The song lyrics were written to the tune of [[Leonard Cohen]]'s "[[Hallelujah (Leonard Cohen song)|Hallelujah]]".<ref>
In [[France]], in 1990, following a case where a man had tortured and raped his wife, the [[Court of Cassation (France)|Court of Cassation]] authorized prosecution of spouses for rape or sexual assault. In 1992 the Court convicted a man of the rape of his wife, stating that the presumption that spouses have consented to sexual acts that occur within marriage is only valid when the contrary is not proven.<ref name=RJSimon20>{{Cite book | publisher = Lexington Books | isbn = 978-0-7391-0248-0 | last = Simon | first = Rita James | title = A comparative perspective on major social problems | date = May 2001 | page = 20 }}</ref> In 1994, Law 94-89 criminalized marital rape;<ref name=RJSimon20 /> a second law, passed 4 April 2006, makes rape by a partner (including in unmarried relationships, marriages, and civil unions) an aggravating circumstance in prosecuting rape.<ref>{{Cite journal | doi = 10.1016/j.sexol.2009.04.001 | issn = 1158-1360 | volume = 18 | issue = 3 | pages = 182–185 | last = Bensussan | first = P. | title = Marital rape according to French law: Desire, need and consent | journal = Sexologies | year = 2009 }}</ref>
{{cite news
|title = Hallelujah Mark Viduka
|url = http://www.smh.com.au/news/football/hallelujah-mark-viduka/2007/02/27/1172338595066.html-name_page.html?
| publisher = [[Fairfax Media]]
| work = [[The Sydney Morning Herald]]
| date = 27 February 2007
| accessdate = 24 April 2007
}}</ref> Middlesbrough manager Gareth Southgate embraced the tune as a way of raising money for his chosen charity, [[Macmillan Cancer Support]]. Leonard Cohen gave permission for the song to be released as a charity download single.<ref>{{cite news|title=Alistair Griffin produces song for Middlesbrough star |url=http://www.broadbandtvchannel.co.uk/clip.asp?clipid=93 |publisher=Broadband TV channel |date=1 March 2007 |accessdate=7 June 2007 |url-status=dead |archiveurl=https://web.archive.org/web/20070824060449/http://www.broadbandtvchannel.co.uk/clip.asp?clipid=93 |archivedate=24 August 2007 }}</ref>


Viduka was a huge [[AC Milan]] fan as a kid as he grew up watching [[Marco van Basten]], [[Frank Rijkaard]] and [[Ruud Gullit]].<ref>
[[Germany]] outlawed spousal rape in 1997, which is later than other developed countries. Female ministers and women's rights activists lobbied for this law for over 25 years.<ref>{{cite web|url=http://www.msmagazine.com/news/uswirestory.asp?id=4131 |title=Feminist Wire Daily Newsbriefs: U.S. and Global News Coverage |publisher=Msmagazine.com |date=1997-06-16 |accessdate=2012-05-14}}</ref> Before 1997, the definition of rape was: "''Whoever compels a woman to have extramarital intercourse with him, or with a third person, by force or the threat of present danger to life or limb, shall be punished by not less than two years’ imprisonment''".<ref name="icty.org">{{cite web|url=http://www.icty.org/x/cases/kunarac/tjug/en/kun-tj010222e-4.htm|title=Kunarac, Vukovic and Kovac - Judgement - Part IV|accessdate=22 August 2015}}</ref> In 1997 there were changes to the rape law, broadening the definition, making it gender-neutral, and removing the marital exemption.<ref>{{cite web|url=http://www.gesetze-im-internet.de/englisch_stgb/index.html|title=GERMAN CRIMINAL CODE|accessdate=22 August 2015}}</ref> Before, marital rape could only be prosecuted as "Causing bodily harm" (Section 223 of the [[Strafgesetzbuch|German Criminal Code]]), "Insult" (Section 185 of the German Criminal Code) and "Using threats or force to cause a person to do, suffer or omit an act" (Nötigung, Section 240 of the German Criminal Code) which carried lower sentences<ref>{{cite web |url=http://www.jurawelt.com/sunrise/media/mediafiles/13792/tenea_juraweltbd52_kieler.pdf |title=Microsoft Word - 1Deckblatt.doc |website=Jurawelt.com |date= |accessdate=2016-07-16 |archive-url=https://web.archive.org/web/20131020164804/http://www.jurawelt.com/sunrise/media/mediafiles/13792/tenea_juraweltbd52_kieler.pdf |archive-date=2013-10-20 |url-status=dead }}</ref> and were rarely prosecuted.
{{cite news| title = EXCLUSIVE: Mark Viduka breaks his silence on Leeds, the Socceroos and Lucas Neill| url = https://www.espn.com/soccer/australia-aus/story/4080510/exclusive-mark-viduka-breaks-his-silence-on-leedsthe-socceroos-and-lucas-neill| work = [[ESPN]]| date = 6 April 2020}}</ref>


Viduka has been a member of [[Melbourne City FC]] since its inaugural season.{{Citation needed|date=October 2019}} He is affectionately referred to by his nicknames "V-Bomber"<ref>
Before a new Criminal Code came into force in 2003,<ref>{{cite web |title=Criminal Code of the Federation of Bosnia and Herzegovina 2003 |url=https://www.unodc.org/res/cld/document/bih/2003/criminal_code_of_the_federation_of_bosnia_and_herzegovina_2003_html/Federation_of_Bosnia_and_Herzegovina_Criminal_Code_2003.pdf |website=UNODC |accessdate=20 June 2018}}</ref> the law on rape in [[Bosnia and Herzegovina]] also contained a statutory exemption, and read: "''Whoever coerces a female not his wife into sexual intercourse by force or threat of imminent attack upon her life or body or the life or body of a person close to her, shall be sentenced to a prison term of one to ten years''".<ref name="icty.org"/> In [[Portugal]] also, before 1982, there was a statutory exemption.<ref>{{cite web|url=http://www.quing.eu/files/results/cs_portugal.pdf |title=Quality in Gender+ Equality Policies : European Commission Sixth Framework Programme Integrated Project |website=Quing.eu |accessdate=2016-07-16}}</ref><ref>{{cite web|url=http://www.cite.gov.pt/Formar_Iguald/PDFs_Manual/M04_01_Capitulo_II_01.pdf |title=Microsoft Word - 4_1-Manual Capitulo II_01.doc |website=Cite.gov.pt |date= |accessdate=2016-07-16}}</ref>
{{cite news
| title = V-Bomber
| url = http://www.ozfootball.net/ark/articles/viduka.html
| publisher = OzFootball Webzine
}}</ref> and "Big Dukes"<ref>
{{cite news
|title = Mark Viduka Player Profile for Newcastle United
|url = http://www.nufc.co.uk/articles/mark-viduka-not-yet-known_2241082_5732
|publisher = [[Newcastle United]]
}}{{dead link|date=January 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> in Australia.


== Career statistics ==
Marital rape was criminalized in [[Serbia]] in 2002; before that date rape was legally defined as forced sexual intercourse outside of marriage.<ref>{{cite web |url=http://www.stopvaw.org/sites/3f6d15f4-c12d-4515-8544-26b7a3a5a41e/uploads/serbian_family_and_criminal_laws.doc |title=The War At Home : Gender Based Violence Indicators Project |website=Stopvaw.org |accessdate=2016-07-16 |archive-url=https://web.archive.org/web/20160304052243/http://www.stopvaw.org/sites/3f6d15f4-c12d-4515-8544-26b7a3a5a41e/uploads/serbian_family_and_criminal_laws.doc |archive-date=2016-03-04 |url-status=dead }}</ref> The same was true in [[Hungary]] until 1997.<ref name="cries unheard">{{cite web|url=https://www.amnesty.org/en/documents/eur27/002/2007/en/ |title=Hungary - Cries unheard, The failure to protect women from rape and sexual violence in the home |accessdate=2015-03-11 |df= }}</ref><ref name=RJSimon25>{{Cite book | publisher = Lexington Books | isbn = 978-0-7391-0248-0 | last = Simon | first = Rita James | title = A comparative perspective on major social problems | date = May 2001 | page = 25 }}</ref>


===Club career===
In 1994, in Judgment no. 223/94 V, 1994, the Court of Appeal of [[Luxembourg]] confirmed the applicability of the provisions of the Criminal Code regarding rape to marital rape.<ref name="coe.int"/><ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=10431&baseHREF=country&baseHREFId=794 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |accessdate=2013-08-17 |url-status=dead |archiveurl=https://web.archive.org/web/20130725072457/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10431&baseHREF=country&baseHREFId=794 |archivedate=2013-07-25 }}</ref>
{| class="wikitable" style="text-align: center;"

! rowspan="2" |Club
Marital rape was made illegal in the [[Netherlands]] in 1991.<ref>{{cite book|url={{Google books |plainurl=yes |id=Ef2YyMNEG3AC |page=1 }} |title=A Comparative Perspective on Major Social Problems |accessdate=2013-06-15}}</ref> The legislative changes provided a new definition for rape in 1991, which removed the marital exemption, and also made the crime gender-neutral; before 1991 the legal definition of rape was a man forcing, by violence or threat of thereof, a woman to engage in sexual intercourse outside of marriage.<ref>{{cite web|url=http://legalresearchnetwork.eu/wp-content/uploads/2011/10/PaperNicolleZeegersGroningen.doc |format=DOC |title=Nothing But The Legal Truth |website=Legalresearchnetwork.eu |accessdate=2016-07-16}}</ref>
! rowspan="2" | Club performance

! colspan="3" |League
In [[Italy]] the law on rape, ''violenza carnale'' ('carnal violence', as it was termed) did not contain a statutory exemption, but was, as elsewhere, understood as inapplicable in the context of marriage. Although Italy has a reputation of a male dominated traditional society, it was quite early to accept that the rape law covers forced sex in marriage too: in 1976 in ''Sentenza n. 12857 del 1976'', the Supreme Court ruled that "the spouse who compels the other spouse to carnal knowledge by violence or threats commits the crime of carnal violence" ("''commette il delitto di violenza carnale il coniuge che costringa con violenza o minaccia l’altro coniuge a congiunzione carnale''").<ref>{{cite web|url=http://lib.scnu.edu.cn/ngw/ngw/xwbk/An%20overview%20of%20the%20legal%20and%20cultural%20issues%20for%20migrant%20Muslim%20women%20of%20the%20European%20union%20A%20focus%20on%20domestic%20violence%20and%20Italy.pdf |title=An overview of the legal and cultural issues for migrant Muslim women of the European union: A focus on domestic violence and Italy |accessdate=2015-03-11 |url-status=dead |archiveurl=https://web.archive.org/web/20150402085918/http://lib.scnu.edu.cn/ngw/ngw/xwbk/An%20overview%20of%20the%20legal%20and%20cultural%20issues%20for%20migrant%20Muslim%20women%20of%20the%20European%20union%20A%20focus%20on%20domestic%20violence%20and%20Italy.pdf |archivedate=2015-04-02 }}</ref><ref>{{cite web|url=http://www.quing.eu/files/results/cs_italy.pdf |title=Quality in Gender+ Equality Policies : European Commission Sixth Framework Programme Integrated Project |website=Quing.eu |accessdate=2016-07-16}}</ref><ref>{{cite web|url=https://womanjournal.wordpress.com/2011/12/08/sesso-matrimonio-e-legge/|title=Sesso, matrimonio e legge|work=WOMAN's JOURNAL|accessdate=22 August 2015|date=2011-12-08}}</ref>
! colspan=2 | Cup

! colspan=2 | League Cup
[[Cyprus]] criminalized marital rape in 1994.<ref>{{cite web |url=http://www.retepariopportunita.it/Rete_Pari_Opportunita/UserFiles/news/intercultural_dialogue_on_violence_against_women_resource_book_11_6_2008_all.pdf |title=Intercultural Dialogue on Violence against Women |website=Retepariopportunita.it |accessdate=2016-07-16 |url-status=dead |archiveurl=https://web.archive.org/web/20160304073529/http://www.retepariopportunita.it/Rete_Pari_Opportunita/UserFiles/news/intercultural_dialogue_on_violence_against_women_resource_book_11_6_2008_all.pdf |archivedate=2016-03-04 }}</ref> Marital rape was made illegal in [[North Macedonia]] in 1996.<ref>{{cite web|url=http://sgdatabase.unwomen.org/searchDetail.action?measureId%3D10682%26baseHREF%3Dcountry%26baseHREFId%3D1284 |title=CRIMINAL CODE OF 1996, AMENDED IN 2004 |accessdate=2013-11-03 |url-status=dead |archiveurl=https://web.archive.org/web/20131104054217/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10682&baseHREF=country&baseHREFId=1284 |archivedate=2013-11-04 }}</ref><ref>{{Google books |plainurl= |id=wMSf9SEJ_XMC |title=Social Change, Gender and Violence: Post-Communist and War Affected Societies }}</ref> In [[Croatia]] marital rape was criminalized in 1998.<ref>{{cite web|url=http://sgdatabase.unwomen.org/searchDetail.action?measureId%3D10200%26baseHREF%3Dcountry%26baseHREFId%3D388 |title=AMENDMENT TO PENAL CODE 1998 |accessdate=2013-11-03 |url-status=dead |archiveurl=https://web.archive.org/web/20131104054219/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10200&baseHREF=country&baseHREFId=388 |archivedate=2013-11-04 }}</ref><ref>{{cite web|url=http://www.stopvaw.org/croatia|title=Croatia|accessdate=22 August 2015|archive-url=https://web.archive.org/web/20150905225409/http://www.stopvaw.org/Croatia|archive-date=5 September 2015|url-status=dead}}</ref>
! colspan=2 | Continental

! colspan=3 | Total
In 2006, [[Greece]] enacted ''Law 3500/2006'', entitled "For combating domestic violence", which punishes marital rape. It entered into force on 24 October 2006. This legislation also prohibits numerous other forms of violence within marriage and cohabiting relations, and various other forms of abuse of women.<ref>{{cite web|url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=10296&baseHREF=country&baseHREFId=563 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |date=2006-10-24 |accessdate=2013-08-17 |url-status=dead |archiveurl=https://web.archive.org/web/20130725090841/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10296&baseHREF=country&baseHREFId=563 |archivedate=2013-07-25 }}</ref>

[[Liechtenstein]] made marital rape illegal in 2001.<ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=10420&baseHREF=country&baseHREFId=780 |archive-url=https://archive.today/20130801023826/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10420&baseHREF=country&baseHREFId=780 |url-status=dead |archive-date=2013-08-01 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |date=2000-12-13 |accessdate=2013-08-17 }}</ref>

In South America, [[Colombia]] criminalized marital rape in 1996,<ref>{{cite web|url=http://www.omct.org/files/2004/07/2409/eng_2003_04_colombia.pdf |title=Violence Against Women in Colombia |website=Omct.org |accessdate=2016-07-16}}</ref> and [[Chile]] criminalized it in 1999.<ref>{{cite web|url=https://www.un.org/womenwatch/daw/cedaw/cedaw25years/content/english/CONCLUDING_COMMENTS/Chile/Chile-CO-4.pdf |title=Concluding comments of the Committee on the Elimination of Discrimination against Women: Chile |website=Un.org |accessdate=2016-07-16}}</ref>

[[Thailand]] outlawed marital rape in 2007.<ref>{{cite web|url=http://www.chinapost.com.tw/asia/2007/06/22/113083/Thailand-outlaws.htm |title=Thailand outlaws marital rape |publisher=The China Post |date=2007-06-22 |accessdate=2013-08-17}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/6225872.stm |title=Asia-Pacific &#124; Thailand passes marital rape bill |publisher=BBC News |date=2007-06-21 |accessdate=2013-08-17}}</ref> The new reforms were enacted amid strong controversy and were opposed by many. One opponent of the law was legal scholar [[Taweekiet Meenakanit]] who voiced his opposition to the legal reforms. He also opposed the making of rape a gender neutral offense. Meenakanit claimed that allowing a husband to file a rape charge against his wife is "abnormal logic" and that wives would refuse to divorce or put their husband in jail since many Thai wives are dependent on their husbands.<ref>{{cite web |url=http://nationmultimedia.com/2007/02/14/national/national_30026800.php |title=Anger over proposed change to rape laws |website=Nationmultimedia.com |date=2007-02-28 |accessdate=2016-07-16 |url-status=dead |archiveurl=https://web.archive.org/web/20160303204242/http://www.nationmultimedia.com/2007/02/14/national/national_30026800.php |archivedate=2016-03-03 }}</ref>

[[Papua New Guinea]] criminalized marital rape in 2003.<ref>{{cite web|author= |url=http://www.crin.org/resources/infodetail.asp?id=25548 |title=Child Rights Information Network - Resources |publisher=CRIN |accessdate=2013-08-17}}</ref> [[Namibia]] outlawed marital rape in 2000.<ref>{{cite web |author= |url=http://www.refworld.org/docid/4e437a202.html |title=Refworld &#124; Namibia: Domestic violence, including state protection, services and recourse available to victims |publisher=Unhcr.org |accessdate=2013-08-17 }}</ref>

Section 375 of the [[Indian Penal Code]] (IPC) considers the forced sex in marriages as a crime only when the wife is below age 15. Thus, marital rape is not a criminal offense under the IPC.<ref>{{cite news | url = http://articles.timesofindia.indiatimes.com/2012-12-04/delhi/35593911_1_civil-case-delhi-court-marital-violence | title = Criminal recognition to marital rape in India is long overdue | newspaper = The Times of India | date = 2012-12-04 | accessdate = 2012-12-28 }}</ref> Marital rape victims have to take recourse to the [[Protection of Women from Domestic Violence Act 2005]] (PWDVA).<ref>{{cite news | url = http://www.indianexpress.com/news/an-offence-of-course/737675/0 | title = An offence, of course | newspaper = Indian Express | date = 2011-01-15 | accessdate = 2012-12-28 }}</ref> The PWDVA, which came into force in 2006, outlaws marital rape.<ref>{{cite news | url = https://www.telegraph.co.uk/news/worldnews/1532567/India-outlaws-wife-beating-and-marital-rape.html | title = India outlaws wife-beating and marital rape | author = Peter Foster | newspaper = The Telegraph | date = 2006-10-27 | accessdate = 2012-12-28 }}</ref> However, it offers only a [[civil law (common law)|civil]] remedy for the offence.<ref>{{cite web | url = http://tehelka.com/contradictions-and-confusion-cloud-rape-laws-the-result-is-miscarriage-of-justice/ | title = Contradictions and confusion cloud rape laws. The result is miscarriage of justice | author = Kalpana Sharma | publisher = Tehelka | date = 2010-11-10 | accessdate = 2012-12-28 | archive-url = https://archive.today/20130203212842/http://tehelka.com/contradictions-and-confusion-cloud-rape-laws-the-result-is-miscarriage-of-justice/ | archive-date = 2013-02-03 | url-status = dead }}</ref>

Recent countries to criminalize marital rape include [[Zimbabwe]] (2001),<ref name="unwomen1">{{cite web |title=Marital Rape: OK or not ok? |url=https://www.deccanchronicle.com/nation/current-affairs/190316/marital-rape-ok-or-not-ok.html |website=Deccan Chronicle |accessdate=20 June 2018 |language=en |date=19 March 2016}}</ref><ref name="kubatana1">{{cite web|url=http://www.kubatana.net/docs/legisl/criminal_law_code_050603.pdf |title=CRIMINAL LAW (CODIFICATION AND REFORM) ACT [CHAPTER 9:23] |accessdate=2013-01-13 |url-status=dead |archiveurl=https://web.archive.org/web/20120824171013/http://www.kubatana.net/docs/legisl/criminal_law_code_050603.pdf |archivedate=2012-08-24 }}</ref> [[Turkey]] (2005),<ref name=UNTurkey>[http://www.unis.unvienna.org/unis/pressrels/2005/wom1480.html Anti-Discrimination Committee Takes Up Situation of Women in Turkey], UN Information Service, 21 January 2005.</ref> [[Cambodia]] (2005),<ref name=CAT-Cambodia>{{cite web|title=Concluding observations of the Committee against Torture: Cambodia|url=http://www.unhcr.org/refworld/docid/4d6ccc7a2.html|accessdate=8 March 2011|author=UN Committee Against Torture (CAT)|location=CAT/C/KHM/CO/2|date=20 January 2011}}</ref> [[Liberia]] (2006),<ref name=Liberia-OR>{{cite web | last = O'Reilly | first = Devon | title = Women's Transformations during Conflict | work = Perspectives on Global Issues; NYU Center for Global Affairs | accessdate = 2013-01-24 | url = http://www.perspectivesonglobalissues.com/archives/spring-2011-women/womens-transformations-during-conflict/ }}</ref> [[Nepal]] (2006),<ref>{{Cite news | last = Bhattarai | first = Tara | title = Taboos Undercut Nepal's Marital Rape Law &#124; Women's eNews | work = Women's eNews | accessdate = 2012-01-31 | date = 2012-01-18 | url = http://www.womensenews.org/story/rape/120117/taboos-undercut-nepals-marital-rape-law }}</ref>
[[Mauritius]] (2007),<ref name=ExpressMauritius>{{cite web|url=http://www.lexpress.mu/archive_semaine/display_article.php?news_id=85151 |archiveurl=https://web.archive.org/web/20070927215929/http://www.lexpress.mu/archive_semaine/display_article.php?news_id=85151 |archivedate=27 September 2007 |title= Rape and the Sexual Offences Bill: Beyond the illogical, punitive attitude… |work=l'express |date=23 April 2007 |first1=Lindsey |last1=Collen |first2=Kisna |last2=Kistnasamy |first3=Rajni |last3=Lallah}}</ref> [[Ghana]] (2007),<ref name=UNSRGhana>[http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=47ce68652 Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk : addendum: mission to Ghana], 2008.</ref> [[Malaysia]] (2007),<ref name=SassyMPMalaysia>MP Teresa Kok, [http://teresakok.com/2007/09/15/mixed-reaction-to-marital-rape-reform/ Mixed reaction to marital rape reform], ''Sassy MP'', September 15, 2007.</ref><ref name=SMHMalaysia>AP, "[http://news.smh.com.au/breaking-news-world/malaysian-jailed-for-marital-rape-20090806-eb1q.html Malaysian jailed for marital rape]," ''Sydney Morning Herald'', August 6, 2009.</ref> [[Thailand]] (2007),<ref name=AFPThailand>"[http://www.chinapost.com.tw/asia/2007/06/22/113083/Thailand-outlaws.htm Thailand outlaws marital rape]," AFP, June 22, 2007.</ref> [[Rwanda]] (2009),<ref name=AFWRRwanda>{{cite web|url=http://www.africa4womensrights.org/post/2009/02/13/Rwanda:-Gender-Violence-Law-to-Be-Passed-in-Two-Weeks |title=Rwanda: Final steps towards the adoption of a law to combat gender violence |publisher=Africa4womensrights.org |accessdate=2012-05-14|date=2009-02-13 }}</ref> [[Suriname]] (2009),<ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=10654&baseHREF=country&baseHREFId=1235 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |date=2009-09-25 |accessdate=2013-08-17 |url-status=dead |archiveurl=https://web.archive.org/web/20140111184044/http://sgdatabase.unwomen.org/searchDetail.action?measureId=10654&baseHREF=country&baseHREFId=1235 |archivedate=2014-01-11 }}</ref> [[Nicaragua]] (2012),<ref>{{cite web|url=http://legislacion.asamblea.gob.ni/SILEG/Iniciativas.nsf/0/8f45bac34395458c062578320075bde4/$FILE/Ley%20No.%20779%20Ley%20Integral%20contra%20la%20Violencia.pdf |title=Ley No. 779 |website=Legislacion.asamblea.gob.ni |accessdate=2016-07-16}}</ref> [[Sierra Leone]] (2012),<ref name="unwomen1"/><ref>{{cite web |url=http://sgdatabase.unwomen.org/searchDetail.action?measureId=55053&baseHREF=country&baseHREFId=1165 |title=The Secretary Generals database on violence against women |publisher=Sgdatabase.unwomen.org |date=2012-08-28 |accessdate=2013-08-17 |url-status=dead |archiveurl=https://web.archive.org/web/20130725081109/http://sgdatabase.unwomen.org/searchDetail.action?measureId=55053&baseHREF=country&baseHREFId=1165 |archivedate=2013-07-25 }}</ref> [[South Korea]] (2013),<ref>{{cite web|url=http://english.yonhapnews.co.kr/national/2013/05/16/3/0302000000AEN20130516003100315F.HTML|title=Top court recognizes marital rape as crime for first time - YONHAP NEWS|accessdate=22 August 2015|date=2013-05-15}}</ref> [[Bolivia]] (2013),<ref name="AIN2013">{{cite web|last=Robinson|first=Jessica|title=New Law Mandates Harsh Penalties and Broad Services to Address Violence Against Woman in Bolivia|url=http://ain-bolivia.org/2013/03/new-law-mandates-harsh-penalties-and-broad-services-to-address-violence-against-woman-in-bolivia/|publisher=Andean Information Network|accessdate=24 March 2013|date=March 21, 2013}}</ref> [[Samoa]] (2013),<ref>[http://www.parliament.gov.ws/images/Acts_2013/Crimes_Act_2013_-_Eng.pdf]{{dead link|date=July 2016}}</ref> [[Tonga]] (1999/2013).<ref>{{cite web|url=http://crownlaw.gov.to/cms/images/LEGISLATION/AMENDING/1999/1999-0017/CriminalOffencesAmendmentAct1999.pdf|title=The Criminal Offences (Amendment) Act 1999 reads at section 5 "Section 118 of the Principal Act is amended by deleting sub-section (2) and renumbering the subsequent sub-sections accordingly" (removed the exemption from the rape law).}}</ref><ref name="crownlaw.gov.to">[http://crownlaw.gov.to/cms/images/LEGISLATION/PRINCIPAL/2013/2013-0018/FamilyProtectionAct2013_1.pdf Section 29 of the ''Family Protection Act 2013'' reads: "Subject to clause 12 of the Constitution, in addition to liability under this Act, a respondent may also be prosecuted under other criminal laws for the time being in force for his acts if the facts disclose the commission of a separate criminal offence under those provisions. ''Note'': For example, (without limitation), assault, offences endangering life and health, grievous bodily harm, '''rape''', other sexual offences, murder and manslaughter and sexual exploitation through people trafficking and smuggling" ]</ref> Human rights observers have criticized a variety of countries for failing to effectively prosecute marital rape once it has been criminalized.<ref>International Helsinki Federation for Human Rights, "[http://www.ihf-hr.org/viewbinary/viewdocument.php?download=1&doc_id=2061 Kazakhstan] {{webarchive|url=https://web.archive.org/web/20090730075659/http://www.ihf-hr.org/viewbinary/viewdocument.php?download=1&doc_id=2061 |date=2009-07-30 }}," in ''Women 2000: An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States'' (9 November 2000).</ref> South Africa, which criminalized in 1993,<ref>{{cite web |author= |url=http://www.osisa.org/buwa/south-africa/marital-rape-south-africa |title=Marital Rape in South Africa – Enough is Enough &#124; Open Society Initiative of Southern Africa |publisher=OSISA |date=2012-10-25 |accessdate=2013-08-17 |archive-url=https://web.archive.org/web/20130915164226/http://www.osisa.org/buwa/south-africa/marital-rape-south-africa |archive-date=2013-09-15 |url-status=dead }}</ref> saw its first conviction for marital rape in 2012.<ref>"The Krugersdorp Magistrate's Court sentenced her 48-year-old former husband [Frederik Christiaan Bossert] to an effective 12 years in jail last week for physically abusing and repeatedly raping [Annelise] Kriek during their marriage. Kriek's court action became the first reported case of rape in a marriage since the Domestic Violence Act was introduced in 1996." {{Cite news | last = Chelemu | first = Khethiwe | title = Wife's seven-year wait for justice | work = Times | location = Johannesburg | accessdate = 2012-01-29 | url = http://www.timeslive.co.za/local/2012/01/19/wife-s-seven-year-wait-for-justice }}</ref>

====United States====
{{Main| Marital rape in the United States}}
The traditional definition of rape in the [[United States]] is the forced sexual intercourse by a male with a "female ''not his wife''", making it clear that the statutes did not apply to married couples. The 1962 [[Model Penal Code]] repeated the marital rape exemption, stating:
:A male who has sexual intercourse with a ''female not his wife'' is guilty of rape if: ....<ref>{{cite web|url=http://wps.prenhall.com/wps/media/objects/13023/13335893/downloadables/model_penal_code_sel_sec2.pdf |title=SELECTED MODEL PENAL CODE PROVISIONS |accessdate=2013-08-05 |url-status=dead |archiveurl=https://web.archive.org/web/20131029205803/http://wps.prenhall.com/wps/media/objects/13023/13335893/downloadables/model_penal_code_sel_sec2.pdf |archivedate=2013-10-29 }}</ref>

Reforms of marital rape laws in the [[United States]] began in the mid-1970s with the criminalization of marital rape. The earlier laws of the 1970s often required the husband and wife to no longer be living together for marital rape charges to be brought. The case in the United States that first challenged this cohabitation clause was ''[[Oregon v. Rideout]]'' in 1978.<ref>{{Cite book|title=License to Rape: Sexual Abuse of Wives |last=Finkelhor |first=David |last2=Yllo |first2=Kersti|publisher=The Free Press|year=1985|isbn=|location=New York, NY|pages=172}}</ref> Although the husband was acquitted of raping his wife, it spurred the movement towards reform. By 1993 marital rape was a crime in all 50 states.<ref name="ncvc.org">{{cite web |url=http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32701 |title=The National Center for Victims of Crime - Library/Document Viewer |publisher=Ncvc.org |accessdate=2012-05-14}}</ref> Still, in the 1990s, most states continued to differentiate between the way marital rape and non-marital rape was viewed and treated. The laws have continued to change and evolve, with most states reforming their laws in the 21st century. But there are still states, like South Carolina, where marital and non-marital rape are treated quite differently under the law.

In the 1990s, most states differentiated between the way marital rape and non-marital rape were treated. These differences were visible through shorter penalties, taking into account whether or not violence was used, and allowing for shorter reporting periods. (Bergen, 1996; Russell, 1990).<ref>{{cite web|url=http://www.hawaii.edu/hivandaids/Marital%20Rape.pdf |title=Marital Rape |accessdate=2013-03-08 |url-status=dead |archiveurl=https://web.archive.org/web/20130724221251/http://www.hawaii.edu/hivandaids/Marital%20Rape.pdf |archivedate=2013-07-24 }}</ref>
The laws have continued to change and evolve, with most states reforming their legislation in the 21st century, in order to bring marital rape laws in line with non-marital rape, but even today there remain differences in some states. With the removal, in 2005,<ref>{{cite web|url=http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=%20SB0556&GA=104|title=Tennessee General Assembly » Legislation|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://www.lexisnexis.com/hottopics/tncode/|title=LexisNexis® Custom Solution: Tennessee Code Research Tool|accessdate=22 August 2015}}</ref> of the requirement of a higher level of violence from the law of [[Tennessee]], which now allows for marital rape in Tennessee to be treated like any other type of rape, [[South Carolina]] remains the only US state with a law requiring excessive force/violence (the force or violence used or threatened must be of a "high and aggravated nature").<ref>{{cite web|url=http://www.scstatehouse.gov/code/t16c003.php|title=Code of Laws - Title 16 - Chapter 3 - Offenses Against The Person}}</ref><ref>{{cite web|url=http://www.rcsd.net/offender/offender-law.htm|title=RCSD Sex Offender Registry Information}}</ref>

In most states the criminalization has occurred by the removal of the exemptions from the general rape law by legislation, or by courts striking down such exemptions as unconstitutional.<ref>For example, [http://faculty.law.miami.edu/zfenton/documents/Peoplev.Liberta.pdf ''People v. Liberta'' 64 N.Y.2d 152, 474 N.E.2d 567, 485 N.Y.S.2d 207 (1984)] {{webarchive |url=https://web.archive.org/web/20150807002114/http://faculty.law.miami.edu/zfenton/documents/Peoplev.Liberta.pdf |title=New York, in 1984, in ''People v. Liberta''|date=August 7, 2015 }}</ref> Some states have created a distinct crime of spousal rape. California, for example, has separate criminal offenses for rape (Article 261) and for spousal rape (Article 262).<ref>{{cite web|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269|title=CA Codes (pen:261-269)|accessdate=22 August 2015|url-status=dead|archiveurl=https://web.archive.org/web/20160108112543/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=261-269|archivedate=8 January 2016}}</ref>

====England and Wales====
=====Background=====
Although the issue of marital rape was highlighted by feminists in the 19th century, and was also deplored by thinkers such as [[John Stuart Mill]] and [[Bertrand Russell]] (see above section 'Feminist critique in the 19th century'), it was not until the 1970s that this issue was raised at a political level. The late 1970s also saw the enactment of [[Sexual Offences (Amendment) Act of 1976]], which provided the first statutory definition of rape (prior to this rape was defined by the common law). The [[Criminal Law Revision Committee]] in their 1984 Report on Sexual Offences rejected the idea that the offense of rape should be extended to marital relations; writing the following:<ref name="cambridge.org">{{cite web|url=http://www.cambridge.org/us/academic/subjects/law/law-general-interest/reconstructing-criminal-law-text-and-materials-3rd-edition|title=Lacey, Wells and Quick Reconstructing Criminal Law|author=Celia Wells, University of Bristol|date=28 June 2010|work=Cambridge University Press|accessdate=22 August 2015}}</ref>
:"The majority of us ... believe that rape cannot be considered in the abstract as merely 'sexual intercourse without consent'. The circumstances of rape may be peculiarly grave. This feature is not present in the case of a husband and wife cohabiting with each other when an act of sexual intercourse occurs without the wife's consent. They may well have had sexual intercourse regularly before the act in question and, because a sexual relationship may involve a degree of compromise, she may sometimes have agreed only with some reluctance to such intercourse. Should he go further and force her to have sexual intercourse without her consent, this may evidence a failure of the marital relationship. But it is far from being the 'unique' and 'grave' offence described earlier. Where the husband goes so far as to cause injury, there are available a number of offences against the person with which he may be charged, but the gravamen of the husband's conduct is the injury he has caused not the sexual intercourse he has forced."
The Committee also expressed more general views on domestic violence arguing that "Violence occurs in some marriages but the wives do not always wish the marital tie to be severed" and reiterated the point that domestic incidents without physical injury would generally be outside the scope of the law: "Some of us consider that the criminal law should keep out of marital relationships between cohabiting partners—especially the marriage bed—except where injury arises, when there are other offences which can be charged."<ref name="cambridge.org"/>
Five years later, in [[Scotland]], the [[High Court of Justiciary]] took a different view, abolishing marital immunity, in ''S. v. H.M. Advocate'', 1989. The same would happen in England and Wales in 1991, in ''R v R'' (see below). Very soon after this, in Australia, at the end of 1991, in ''R v L'', the [[High Court of Australia]] would rule the same, ruling that if the common law exemption had ever been part of the Australian law, it no longer was (by that time most Australian states and territories had already abolished their exemptions by statutory law).<ref name="commonlii.org">http://www3.commonlii.org/au/journals/GriffLawRw/1993/3.pdf{{dead link|date=October 2018}}</ref>

=====Ending the exemption=====
{{Main|Rape in English law}}
[[File:West Midlands Police - Rape and Serious Sexual Offences Campaign (8102670311).jpg|thumb|300px||2012 [[West Midlands Police]] poster against sexual violence, stating marriage is 'no excuse']]
The marital rape exemption was first referred to in 1736 in [[Matthew Hale (jurist)|Matthew Hale's]] ''History of the Pleas of the Crown'' (see above). It was abolished in [[England and Wales]] in 1991 by the [[Appellate Committee of the House of Lords]], in the case of ''[[R v R]]'',<ref>{{cite web |url=http://www.bailii.org/uk/cases/UKHL/1991/12.html |title=<nowiki>[1991] UKHL 12</nowiki> |author= |website= |publisher=[[BAILII]] |accessdate=19 December 2010}}</ref><ref>[1992] 1 AC 599, [1991] 3 [[Weekly Law Reports|WLR]] 767, [1991] 4 [[All England Law Reports|All ER]] 481, (1991) 135 SJLB 181, [1992] 1 FZR 217, (1991) 155 JP 989, (1992) 94 [[Criminal Appeal Reports|Cr App R]] 216, [1992] Fam Law 108, [1992] ''[[Criminal Law Review|Crim LR]]'' 207, (1991) 155 JPN 752, (1991) 141 NLJ 1481, [1991] UKHL 12, (1991) ''The Times'', 24 October 1991, (1991) ''The Independent'', 24 October 1991, (1991) ''The Guardian'', 30 October 1991, [[House of Lords|HL]], affirming [1991] 2 WLR 1065, [1991] 2 All ER 257, (1991) 135 ''[[Solicitors Journal|SJ]]'' 384, (1991) 93 Cr App R 1, (1991) 155 JP 373, [1991] Crim LR 475, (1991) 155 JPN 236, (1991) 141 NLJ 383, (1991) The Times, 15 March 1991, (1991) ''The Independent'', 15 March 1991, (1991) ''The Guardian'', 15 March 1991, [[Court of Appeal|CA]], affirming [1991] 1 All ER 747</ref> which was the first occasion where the marital rights exemption had been [[appeal]]ed as far as the House of Lords, and it followed the trio of cases since 1988 where the marital rights exemption was held to exist. The leading judgment, unanimously approved, was given by [[Lord Keith of Kinkel]]. He stated that the contortions being performed in the lower courts in order to avoid applying the marital rights exemption were indicative of the absurdity of the rule, and held, agreeing with earlier judgments in [[Scotland]] and in the [[Court of Appeal]] in ''R v R'', that “the fiction of [[implied consent]] has no useful purpose to serve today in the law of rape” and that the marital rights exemption was a “common law fiction” which had never been a true rule of [[English law]]. R's appeal was accordingly dismissed, and he was convicted of the rape of his wife.
The first attempted [[prosecution]] of a husband for the rape of his wife was ''R v Clarke'' (1949).<ref>''R v Clarke'' [1949] 2 All ER 448</ref> Rather than try to argue directly against Hale's logic, the court held that consent in this instance had been revoked by an [[court order|order of the court]] for non-cohabitation. It was the first of a number of cases in which the courts found reasons not to apply the exemption, notably ''R v O’Brien'' (1974)<ref>''R v O’Brien'' [1974] 3 All ER 663</ref> (the obtaining of [[decree nisi]]), ''R v Steele'' (1976)<ref>''R v Steele'' (1976) 65 Cr.App.R. 22</ref> (an undertaking by the husband to the court not to molest the wife) and ''R v Roberts'' (1986)<ref>''R v Roberts'' [1986] Crim LR 188</ref> (the existence of a formal separation agreement).
There are at least four recorded instances of a husband successfully relying on the exemption in England and Wales. The first was ''R v Miller'' (1954),<ref>''R v Miller'' [1954] 2 QB 282</ref> where it was held that the wife had not legally revoked her consent despite having presented a divorce petition. ''R v Kowalski'' (1988)<ref>''R v Kowalski'' (1988) 86 Cr. App. R. 339</ref> was followed by ''R v Sharples'' (1990),<ref>''R v Sharples'' [1990] Crim LR 198</ref> and ''R v J'' (1991), a [[Judgment (law)|judgment]] made after the [[first instance]] decision of the [[Crown Court]] in ''R v R'' but before the decision of the House of Lords that was to abolish the exemption. In ''Miller'', ''Kowalski'' and ''R v J'' the husbands were instead convicted of [[assault]]. The ''R v Kowalski'' case involved, among other acts, an instance of non-consensual [[oral sex]]. For this, the husband was convicted of [[indecent assault]], as the court ruled that his wife's "implied consent" by virtue of marriage extended only to vaginal intercourse, not to other acts such as fellatio.<ref>{{cite web|url=http://www.lawteacher.net/family-law-resources/domestic-violence.php|title=Domestic Violence|accessdate=22 August 2015|url-status=dead|archiveurl=https://web.archive.org/web/20140907012332/http://www.lawteacher.net/family-law-resources/domestic-violence.php|archivedate=7 September 2014}}</ref> (At that time the offense of 'rape' dealt only with vaginal intercourse.) In ''R v Sharples'' (1990) it was alleged that the husband had raped his wife in 1989. Despite the fact that the wife had obtained a family protection order before the alleged rape, the judge refused to accept that rape could legally occur, concluding that the family protection order had not removed the wife's [[implied consent]], ruling that: "it cannot be inferred that by obtaining the order in these terms the wife had withdrawn her consent to sexual intercourse".<ref>{{cite web|url=http://www.goforthelaw.com/index.php/browsearticles/loadarticleview/167.html|title=Goforthelaw.com - Legal Education and Awareness - Articles - Moot Court help - Directories - Law Web Journal - upcoming Major Central Acts…|accessdate=22 August 2015}}</ref>

=====Aftermath=====
By 1991, when the exemption was removed, the [[Law Commission]] in its ''Working Paper'' of 1990 was already supporting the abolition of the exemption, a view reiterated in their ''Final Report'' that was published in 1992; and international moves in this direction were by now common. Therefore, the result of the ''R v R'' case was welcomed. But, while the removal of the exemption itself was not controversial, the way through which this was done was; since the change was not made through usual statutory modification. The cases of ''SW v UK'' and ''CR v UK'' arose in response to ''R v R''; in which the applicants (convicted of rape and attempted rape of the wives) appealed to the [[European Court of Human Rights]] arguing that their convictions were a retrospective application of the law in breach of Article 7 of the European Convention on Human Rights. They claimed that at the time of the rape there was a common law exemption in force, therefore their convictions were ''post facto''. Their case was not successful, with their arguments being rejected by the European Court of Human Rights, which ruled that the criminalization of marital rape had become a reasonably foreseeable development of the criminal law in the light of the evolution of social norms; and that the Article 7 does not prohibit the gradual judicial evolution of the interpretation of an offense, provided the result is consistent with the essence of the offense and that it could be reasonably foreseen.<ref>{{cite web|url=http://www.gettextbooks.tk/isbn/9781859419359|title=Cases and Materials on Criminal Law by Mike Molan, Michael T. Molan - 9781859419359 - Get Textbooks - New Textbooks - Used Textbooks - College Textbooks - gettextbooks.tk|author=Mike Molan|accessdate=22 August 2015}}</ref>
A new definition of the offense of 'rape' was created in 1994 by the section 142 of the [[Criminal Justice and Public Order Act 1994]], providing a broader definition that included anal sex; and an even broader definition was created by the [[Sexual Offences Act 2003]], including oral sex. The law on rape does not—and did not ever since the removal of the marital exemption in 1991—provide for any different punishment based on the relation between parties. However, in 1993, in ''R v W 1993 14 Cr App R (S) 256'', the court ruled:<ref>{{cite web|url=http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s1_rape/|title=S1 Rape:Sexual offences: Sentencing Manual: Legal Guidance: The Crown Prosecution Service|accessdate=22 August 2015|archive-url=https://web.archive.org/web/20081008094946/http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/s1_rape/|archive-date=8 October 2008|url-status=dead|df=dmy-all}}</ref> "It should not be thought a different and lower scale automatically attaches to the rape of a wife by her husband. All will depend upon the circumstances of the case. Where the parties are cohabiting and the husband insisted upon intercourse against his wife's will but without violence or threats this may reduce sentence. Where the conduct is gross and involves threats or violence the relationship will be of little significance."

====Northern Ireland====

At the time of ''R v R'' (see "England and Wales" above), rape in [[Northern Ireland]] was a crime at common law. Northern Ireland common law is similar to that of England and Wales, and partially derives from the same sources; so any (alleged) exemption from its rape law was also removed by ''R v R''. In March 2000, a Belfast man was convicted for raping his wife, in the first case of its kind in Northern Ireland.<ref>{{cite web|url=http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/669169.stm|title=BBC News - NORTHERN IRELAND - Husband jailed for raping wife|accessdate=22 August 2015}}</ref>
Until 28 July 2003, rape in Northern Ireland remained solely an offense at common law that could only be committed by a man against a woman only as vaginal intercourse. Between 28 July 2003 and 2 February 2009 rape was defined by the Criminal Justice (Northern Ireland) Order 2003 as "any act of non-consensual intercourse by a man with a person", but the common law offense continued to exist, and oral sex remained excluded. On 2 February 2009 the [[Sexual Offences (Northern Ireland) Order 2008]] came into force, abolishing the common law offense of rape, and providing a definition of rape that is similar to that of the [[Sexual Offences Act 2003]] of England and Wales. The [[Public Prosecution Service for Northern Ireland]] has the same policy for marital rape as for other forms of rape; it states in its ''Policy for Prosecuting Cases of Rape'' document that: "The Policy applies to all types of rape, including marital and relationship rape, acquaintance and stranger rape, both against male and female victims".<ref>{{cite web |title=Policy for Prosecuting Cases of Rape |url=https://www.ppsni.gov.uk/SiteDocuments/PPS%20Press%20Office/PPSNI%20RAPE.pdf |publisher=Public Prosecution Service for Northern Ireland |accessdate=7 October 2018}}</ref>

====Australia====
In [[Australia]], the removal of the immunity for marital rape occurred in all states and territories, both by statute and judicial decision, between late 1970s and early 1990s. Previously, the exemption of marital rape was based on the English common law offense of rape, being generally understood as "[[carnal knowledge]]", ''outside of marriage'', of a female against her will. The common law definition of rape continued to apply in some states, while others codified the definition, which in each case included a marital exemption. In [[Queensland]], for example, the provision read: "Any person who has carnal knowledge of a woman or girl, ''not his wife'', without her consent, or with her consent, if the consent is obtained by force, or by means of threats or intimidation of any kind, or by fear of bodily harm, or by means of false and fraudulent representations as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of a crime, which is called rape."<ref name="qlrc.qld.gov.au">{{cite web|url=http://www.qlrc.qld.gov.au/reports/r21.pdf |title=Reform of the Law of Rape |accessdate=2014-03-22 |url-status=dead |archiveurl=https://web.archive.org/web/20140127114048/http://www.qlrc.qld.gov.au/reports/r21.pdf |archivedate=2014-01-27 }}</ref> Discussions of criminalization of marital rape were already taking place in Queensland in the late 1970s,<ref name="qlrc.qld.gov.au"/> but it was not until 1989 that the exemption was removed.<ref>{{cite web |url=http://www.aic.gov.au/media_library/publications/proceedings/20/moran.pdf |title=Patterns of rape : a preliminary Queensland perspective |website=Aic.gov.au |accessdate=2016-07-16 |archive-url=https://web.archive.org/web/20161020180558/http://www.aic.gov.au/media_library/publications/proceedings/20/moran.pdf |archive-date=2016-10-20 |url-status=dead }}</ref>

The first Australian state to deal with marital rape was [[South Australia]], which in 1976 partially removed the exemption. Section 73 of the ''Criminal Law Consolidation Act Amendment Act 1976'' (SA) read: "No person shall, by reason only of the fact that he is married to some other person, be presumed to have consented to sexual intercourse with that other person".<ref>{{cite web|url=http://dspace.flinders.edu.au/jspui/bitstream/2328/20981/1/1976083.pdf |title=An Act to amend the Criminal Law Consolidation Act, 1935-1975. |website=Dspace.flinders.edu.au |accessdate=2016-07-16}}</ref> Nevertheless, the laws did not go as far as equating marital with non-marital rape; the law required violence or other aggravating circumstances, in order for an act of marital intercourse to be rape. The first Australian jurisdiction to completely remove the marital exemption was [[New South Wales]] in 1981. [[Western Australia]], [[Victoria (Australia)|Victoria]], and [[Australian Capital Territory|ACT]] did the same in 1985; and [[Tasmania]] in 1987. In 1991, in ''R v L'', the [[High Court of Australia]] ruled that "if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law."<ref>''[https://jade.io/article/67651 R v L]'' [1991] HCA 48; 174 CLR, per Mason C.J., Deane and Toohey JJ.</ref><ref name="seductionandrapre">{{cite web |url=http://www3.commonlii.org/au/journals/GriffLawRw/1993/3.pdf |title=ACTING LIKE A MAN: SEDUCTION AND RAPE IN THE LAW |author=Helen Pringle |website=Commonlii.org |accessdate=2016-07-16 }}{{Dead link|date=December 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The case led to South Australia changing its law in 1992.

==Marriage after rape==
{{Main|Marry-your-rapist law}}
In a variety of cultures, marriage after a rape of an unmarried woman has been treated historically as a "resolution" to the rape, that is, a "reparatory marriage". Although laws that exonerate the perpetrator if he marries his victim after the rape are often associated with the Middle East,<ref name="selfscholar">{{Cite web |url=https://selfscholar.wordpress.com/2012/07/18/the-middle-easts-rape-marriage-laws/ |title=The Middle East's "Rape-Marriage" Laws |work=Selfscholar |date=18 July 2012 |accessdate=6 August 2017}}</ref> such laws were very common around the world until the second half of the 20th century. For instance, as late as 1997, 14 [[Latin American]] countries had such laws,<ref>{{cite news |url=https://www.nytimes.com/1997/03/12/world/justice-in-peru-victim-gets-rapist-for-a-husband.html |title=Justice in Peru: Victim Gets Rapist for a Husband |newspaper=[[New York Times]] |date=12 March 1997 |accessdate=10 August 2017}}</ref> although most of these countries have now abolished them.

Whether women were forced to marry their rapist, or the marriage was concluded before the violence began, many victims remain in chronically violent relationships. While there are many reasons for which victims of marital rape remain in their marriages, one important reason is that divorce may be hard to obtain and/or is stigmatized (Kwiatowski, 70). Cross-culturally, one of the barriers that keep victims within their marriages is the shame and guilt they feel surrounding marital rape (Bergen, 2016), or general taboos around sexuality(Kwiatkowski, 2016) (Torres, 2016). Lastly, some victims do not categorize their abuse as marital rape in order to minimize the violence they endure. This is used as a defense mechanism so they can continue to endure their abuse (Menjívar, 2016).

==Prevalence==
The earliest study in the [[Western World]] attempting to survey marital rape was an unpublished study by Joan Seites in the spring of 1975. Seites sent questionnaires to 40 rape-crisis centers from a list compiled by the Center for Women Policy Studies (Washington, DC). 16 Centers completed questionnaire for a response rate of 40%. Of the 3,709 reported calls dealing with rape and attempted rape received by the 16 centers, 12 calls dealt with marital rape (0.3%). Because rape-crisis centers did not always record the relationships of the callers, whether the 12 reported calls fully represent the number of married relationships cannot be certainly known.<ref>Seites, J. Marital rape: Dispelling the myth. Unpublished manuscript, 1975. Cited in Gelles, Richard J. “Power, Sex, and Violence, The Family Coordinator, National Council on Family Relations, 1977. p. 343.</ref>

Feminist sociologist Pauline Bart published in June 1975 her review of 1,070 questionnaires filled out by victims of rape and considered that 0.4% were raped by their husbands.<ref>Bart, P. B. "Rape doesn't end with a kiss", Viva, June 1975.</ref>

Researcher Richard Giles conducted research through in-depth interviews on violence between husbands and wives in a series of three studies between 1974 and 1976. Although the questions asked in the course of the interviews did not specifically pertain to the subject of marital rape, a subsequent analysis of the transcriptions of the interviews identified 4 women who discussed sex-related violence which might be viewed as instances of either attempted or completed marital rape. In all 4 cases, however, there was no instance a wife actually forced into having sex, although this may have been to avoid the possibility of force. Although the four women did not view themselves as having been raped, Giles raised the question of whether engaging in the sex act, as an act itself, constitutes violence.<ref>Gelles, Richard J. “Power, Sex, and Violence: The Case of Marital Rape", ''The Family Coordinator'', National Council on Family Relations, 1977. p. 344-345.</ref>

In 1982 [[Diana E. H. Russell]], a feminist writer and activist, conducted the seminal study on marital rape. Her study surveyed a total of 930 women from [[San Francisco]], California (50% non-response rate, non-English speaking Asian women were specifically excluded as non-reliable respondents), of whom 644 were married, divorced, or who self-identified as having a husband although not married. Six of these women (1%) self-assessed that they had been raped by their husbands, ex-husband, or de facto husbands. The survey interviewers, however, classified 74 (12%) of these women as having been raped. Of the 286 non-married women in the sample, 228 (80%) were classified by the survey interviewers as having been raped. Russell found that when repeated instances of rape as classified by the survey interviewers, by husbands or ex-husbands, over the entire course of the marriage are included, these account for 38% of all rape instances, in comparison to the remaining 62% occurring in non-marital instances.<ref>{{cite book |last=Russell |first=Diana E. H. |title=Rape in Marriage |location= |publisher=Indiana University Press |edition=New |year=1990 |isbn=978-0-253-35055-8 |pages=[https://archive.org/details/rapeinmarriage0000russ/page/57 57–58, 65–67] |url=https://archive.org/details/rapeinmarriage0000russ/page/57 }}</ref>

[[David Finkelhor]] and Kersti Yllo published a study in 1985 on marital rape that drew on a scientifically-selected area probability sample from the metropolitan [[Boston]] area of 323 women who were either married or previously married who had a child living with them between the ages of six and fourteen. The study found that of the women who were married the instance of sexual relations through physical force or the threat thereof was 3%.<ref>{{cite book |last=Finkelhor |first=David |last2=Yllö |first2=Kersti |title=License to Rape |location=New York |publisher=Holt, Rinehart and Winston |year=1985 |isbn=978-0-03-059474-8 |pages=[https://archive.org/details/licensetorapesex00fink/page/204 204–205, Table A–2] |url=https://archive.org/details/licensetorapesex00fink/page/204 }}</ref>

In 1994, Patricia Easteal, then Senior Criminologist at the Australian Institute of Criminology, published the results of survey on sexual assault in many settings. The respondents had all been victims of numerous forms of sexual assault. Of the victim sub-sample, 10.4% had been raped by husbands or ''de facto'' husbands, with a further 2.3% raped by estranged husbands/''de factos''. <!-- irrelevant statistic: 5.5 percent were raped by non-cohabiting boyfriends. (Easteal, 1994) --> <!-- page number would be a help -->

In 2002 Basile published research intended to address the lack of a nationally probability sample to-date that measured intimate sexual coercion faced by married women. Data were collected in a 1997 national poll by a random telephone survey of 1,108 residents in the continental U.S. of persons 18 years old or older. The survey had a 50% response rate. Of the 1,108 respondents, the 506 men were excluded from any inquiry into unwanted sexual experiences, leaving 602 (54%) women respondents for the study. 398 (66%) women indicated no unwanted sexual relations (their marital status is not given), and 204 (34%) women responded as having engaged in unwanted sex after being subject to some level of sexual coercion; types of sexual coercion included receiving ‘a gift’, ‘ a nice dinner’, ‘a back rub’, ‘kissing’, etc. through threatened harm and physical coercion. Of this group, a sub-sample of 120 (59%) were married, of which 9% responded as having been subject to physical force.<ref>{{Cite journal | issn = 0886-6708 | volume = 17 | issue = 5 | pages = 511–524 | last = Basile | first = Kathleen C. | title = Prevalence of Wife Rape and Other Intimate Partner Sexual Coercion in a Nationally Representative Sample of Women | journal = Violence and Victims | date = October 2002 | doi = 10.1891/vivi.17.5.511.33717 | pmid = 12477095 }}</ref>

Notwithstanding the six scientific studies specifically on marital rape by husbands in the Western world cited above, not one gives an estimation of a rate of marital rape. The first study, by Giles, does attempt to calculate a rate, but acknowledges that the study was not so designed, and the result (0%) may not be valid. The next study by Russell which is often cited as the seminal study, conflates ex-husbands and those whom, though unmarried, are counted as putative husbands or de facto “husbands.” While the data would allow estimation of a marital rape rate, it is not given. Moreover, the study's design classifies 80% of non-married women as having been raped is vastly inconsistent with other studies. The Yllo and Finkelhor 1985 study is not a nationally representative sample, i.e., limited to Boston, of women who are divorced or married, and who also have a child living with them between the ages of six and fourteen. The study did not separately estimate rates for claims of rape and situations deemed rape-threatening. In the Giles study, once threatening situations are distinguished, the findings differed significantly. Easteal's study restricts estimation of prevalence to within only the sub-sample of victims, even though the estimation could similarly be applied to the population. Basile study, which purportedly was to address the hitherto lack of a nationally probability sample regarding marital rape, omits the number of married women in the sample, thereby precluding the estimation of rape reports by married women in the sample population. The lack of such estimations make inter-study comparisons difficult, and citation of national statistics subject to the qualification made in the studies.

The prevalence of marital rape is difficult to assess, especially outside the Western World. Discussing sexual matters in many cultures is taboo. One problem with studies on marital rape is that the Western concept of consent is not understood in many parts of the world. Because many societies operate on social norms which create a dual system of sexual morality—one for sexual intercourse that is ''marital'' which is seen as an obligation that cannot be refused, and ''extra-marital'', which is seen as wrong (or illicit/illegal). Issues of consent are poorly understood, especially by young wives (which are often young girls who do not have a proper understanding of sexual rights). For instance in an interview in a study for the World Health Organization, a woman from [[Bangladesh]] who described being hit by her husband and forced to have sex said that: "''I thought this is only natural. This is the way a husband behaves''."<ref>{{cite web|url=http://www.who.int/gender/violence/who_multicountry_study/summary_report/chapter2/en/index6.html|title=WHO - Gender, equity, human rights|accessdate=22 August 2015}}</ref> Research has, nevertheless, associated specific regions with a very high level of violence, including sexual violence, against women by husbands/partners. An example of such a place is [[Ethiopia]].<ref>{{cite web|url=http://www.who.int/gender/violence/who_multicountry_study/summary_report/chapter2/en/|title=WHO - Gender, equity, human rights|accessdate=22 August 2015}}</ref><ref>{{Cite journal|title=Reproductive Health - Full text - Intimate partner violence against women in western Ethiopia: a qualitative study on attitudes, woman's response, and suggested measures as perceived by community members|journal=Reproductive Health|volume=9|pages=14|doi=10.1186/1742-4755-9-14|pmid=22906066|pmc=3453497|year=2012|last1=Abeya|first1=Sileshi Garoma|last2=Afework|first2=Mesganaw Fantahun|last3=Yalew|first3=Alemayeh Worku}}</ref><ref>{{cite news |url=http://news.bbc.co.uk/2/hi/africa/6040180.stm |title=Ethiopian women are most abused |work=BBC News |date=11 October 2006 }}</ref>

The prevalence of marital rape depends on the particularly legal, national, and cultural context. In 1999, the [[World Health Organization]] conducted a study on violence against women in [[Tajikistan]], surveying 900 women above the age of 14 in three districts of the country and found that 47% of married women reported having been forced to have sex by their husband.<ref>{{cite web|url=http://www.eurasianet.org/policy_forum/vand022001.shtml |title=Women, Violence, and Tajikistan |accessdate=2001-07-01 |url-status=dead |archiveurl=https://web.archive.org/web/20010701180158/http://www.eurasianet.org/policy_forum/vand022001.shtml |archivedate=2001-07-01 }}</ref> In [[Turkey]] 35.6% of women have experienced marital rape sometimes and 16.3% often.<ref>{{cite web|url=http://www.religiousconsultation.org/Special_Features/Amnesty_International_violence_vs_women.htm |title=Amnesty International: Report on Violence Against Women |publisher=Religiousconsultation.org |accessdate=2012-05-14}}</ref>

==Physical and psychological damage==
{{Main|Effects and aftermath of rape}}

Rape by a spouse, partner or ex-partner is more often associated with physical violence. A nine-nation study within the European Union found that current or ex-partners were the perpetrators of around 25% of all sexual assaults, and that violence was more common in assaults by ex-partners (50% of the time) and partners (40%) than in assaults by strangers or recent acquaintances (25%).<ref>{{Cite book | publisher = [[Child and Woman Abuse Studies Unit|Child and Woman Abuse Studies Unit, London Metropolitan University]] | last = Burman | first = M. | author2 = J. Lovett| author3 = L. Kelly | title = Different systems, similar outcomes? Tracking attrition in reported rape cases in eleven countries | location = London | year = 2009 | page = 106 }}</ref> <!-- goes to prevalence (among ex-partners/partners) and not physical/psychological damage-->

Attributing the effects of marital rape in research is problematic as it is nearly impossible to find a large enough sample of spouses to study who have experienced sexual violence but have not also been physically assaulted by their spouse.<ref>Bernice, et al., The Relative Effects of Intimate Partner Physical and Sexual Violence on Post-Traumatic Stress Disorder Symptomatology, Violence and Victims, 2003 February; 18 vol 1, p. 87</ref> Marital rape can spread sexually transmitted diseases and [[HIV/AIDS|HIV]], adversely affecting a victim's physical and psychological health. In sub-Saharan countries with very high prevalence rates of HIV, such as [[HIV/AIDS in Lesotho|Lesotho]], instances of multiple partnerships and marital rape exacerbate the spread of HIV.<ref>Motalingoane-Khau, Mathabo. “'But He Is My Husband! How Can That Be Rape?': Exploring Silences around Date and Marital Rape in Lesotho.” ''Agenda: Empowering Women for Gender Equity'', no. 74, 2007, pp. 58–66. ''JSTOR'', JSTOR, https://www.jstor.org/stable/27739343.</ref>

While rape by a stranger is highly [[psychological trauma|traumatic]], it is typically a one-time event and is clearly understood as rape. In the case of rape by a spouse or long term sexual partner, the history of the relationship affects the victim's reactions. There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.<ref>{{cite web|title=Marital Rape|url=http://www.rainn.org/public-policy/sexual-assault-issues/marital-rape|publisher=RAIN|accessdate=9 May 2013}}</ref> Marital rape may occur as part of an [[Domestic violence|abusive relationship]]. Trauma from the rape adds to the effect of other abusive acts or abusive and demeaning talk. Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.<ref>{{cite web|url=http://www.hiddenhurt.co.uk/marital_rape.html |title=Marital Rape |publisher=Hiddenhurt.co.uk |date=2007-06-17 |accessdate=2012-05-14}}</ref> Whether it takes place once or is part of an established pattern of domestic violence, trauma from rape has serious long term consequences for victims regardless of whether the assault is prosecuted or not.

Unlike other forms of rape, where the victim can remove themselves from the company of the rapist and never interact with them again, in the case of marital rape the victim often has no choice but to continue living with their spouse: in many parts of the world divorce is very difficult to obtain and is also highly stigmatized. The researchers Finkelhor and Yllö remarked in their 1985 metropolitan Boston area study that:<ref>Finkelhor, David; Yllö, Kersti (1985). License to Rape. New York: Holt, Rinehart and Winston. p. 138</ref>

:"When a woman is raped by a stranger, she has to live with a frightening memory. When she is raped by her husband, she has to live with the rapist".

==In the context of forced and child marriage==
[[Forced marriage]] and [[child marriage]] are prevalent in many parts of the world, especially in parts of [[Asia]] and [[Africa]]. A forced marriage is a marriage where one or both participants are married without their freely given consent;<ref>{{cite web|url=https://www.bbc.co.uk/ethics/forcedmarriage/introduction_1.shtml|title=BBC - Ethics - Forced Marriages: Introduction|accessdate=22 August 2015}}</ref> while a child marriage is a marriage where one or both parties are younger than 18.<ref name="hrw.org">{{cite web|url=https://www.hrw.org/news/2013/06/14/q-child-marriage-and-violations-girls-rights|title=Q & A: Child Marriage and Violations of Girls' Rights|work=Human Rights Watch|accessdate=22 August 2015|date=2013-06-14}}</ref> These types of marriages are associated with a higher rate of domestic violence, including marital rape.<ref name="hrw.org"/><ref>{{cite web|url=http://www.who.int/mediacentre/news/releases/2013/child_marriage_20130307/en/|title=WHO - Child marriages: 39 000 every day|accessdate=22 August 2015}}</ref><ref>{{cite web|url=https://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/casestudy_art16.shtml|title=I have a right to - BBC World Service|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://www.plan-uk.org/early-and-forced-marriage/ |title=Early and forced marriage - facts, figures and what you can do |accessdate=2014-03-12 |url-status=dead |archiveurl=https://web.archive.org/web/20140312222100/http://www.plan-uk.org/early-and-forced-marriage |archivedate=2014-03-12 }}</ref> These forms of marriage are most common in traditional societies which have no laws against sexual violence in marriage, and where it is also very difficult to leave a marriage. Incidents taking place in some of these countries (such as [[Yemen]]) have received international attention.<ref>{{cite web|url=http://edition.cnn.com/2013/09/15/world/meast/yemen-child-bride/|title=Yemen minister on child marriage: Enough is enough|author=Mohammed Jamjoom and Hakim Almasmari, CNN|date=15 September 2013|work=CNN|accessdate=22 August 2015}}</ref><ref>{{Cite newspaper|url=https://www.bbc.co.uk/news/world-middle-east-24083127|title=Yemeni minister seeks law to end child marriage|journal=BBC News|accessdate=22 August 2015|date=2013-09-13}}</ref> The World Health Organization states, under the rubric "Customary forms of sexual violence", (pp.&nbsp;156):<ref name="who.int">{{cite web|url=http://whqlibdoc.who.int/publications/2002/9241545615_chap6_eng.pdf?ua=1 |format=PDF |title=World report on violence and health |website=Whqlibdoc.who.int |accessdate=2016-07-16}}</ref>
:"Marriage is often used to legitimize a range of forms of sexual violence against women. The custom of [[child marriage|marrying off young children]], particularly girls, is found in many parts of the world. This practice – legal in many countries – is a form of sexual violence, since the children involved are unable to give or withhold their consent. The majority of them know little or nothing about sex before they are married."

One type of forced marriages occurs in Guatemala (called robadas) and Mexico (called rapto). Robadas refers to "…abductions, in which women are ‘taken’ during the period of courtship, sometimes semivoluntarily but other times by force, by a suitor who wants to start a marital relationship with them" (Menjívar, 2016). Rapto refers to "…an abduction for sexual or erotic purposes or marriage" (Bovarnik, 2007). Following the abduction, marriage is often encouraged to maintain the family honor (Bovarnik, 2007).

In these types of forced marriages, the marital union begins with the man's intense sense of control over the woman, combined with the understanding that the wife is the possession of her husband (Menjívar, 2016). This foundation of marriage had direct implications for sexual violence within the marriage. In reference to the practice of robadas, Cecilia Menjívar (2016) writes, "…unions that start out from the violent act of a robada can continue to breed violence, abuse, and mistreatment in the union." In addition, women victims of robadas often face embarrassment and blame, despite the act usually being initiated by male perpetrators (Menjívar, 2016). Women are blamed for disobeying their parents or not resisting their abductor strong enough (Menjívar, 2016). This notion of blaming the woman also occurs in reference to rapto in rural Mexico. Silvie Bovarnik (2007) writes, "In many cases, men and women alike look for the fault of responsibility in women's behavior due to traditional conceptualisations of women as ‘pillars of honour.’" Abduction and rape compromises a woman's moral integrity, and therefore her honor (Bovarnik, 2007). Many of these women, who were given little choice in their marriage, are left to live with their abusers.

==Relation to other forms of marital violence==
The historical (and present day in jurisdictions where it still applies) immunity of husbands to have sexual relations with their wives without consent was not the only marital immunity in regard to abuse; immunity from the use of violence was (and still is in some countries) common—in the form of a husband's right to use "moderate chastisement" against a 'disobedient' wife. In the US, many states, especially Southern ones, maintained this immunity until the mid-19th century. For instance, in 1824, in ''Calvin Bradley v. the State'', the [[Mississippi Supreme Court]] uphold this right of the husband; ruling as follows:<ref>{{cite web|url=http://files.usgwarchives.net/ms/unknown/court/bradley61gwl.txt |format=TXT |title=Source: Reports Of Cases Adjudged In The Supreme Court Of Mississippi : Written: 1834 : Recorded: 1818 : CALVIN BRADLEY vs. THE STATE |pages=156–157 |website=Files.usgwarchives.net |accessdate=2016-07-16}}</ref>
:"Family broils and dissentions cannot be investigated before the tribunals of the country, without casting a shade over the character of those who are unfortunately engaged in the controversy. To screen from public reproach those who may be thus unhappily situated, ''let the husband be permitted to exercise the right of moderate chastisement, in cases of great emergency, and use salutary restraints in every case of misbehaviour, without being subjected to vexatious prosecutions, resulting in the mutual discredit and shame of all parties concerned''."

Although by the late 19th century courts were unanimously agreeing that husbands no longer had the right to inflict "chastisement" on their wives, the public policy was set at ignoring incidents deemed not 'serious enough' for legal intervention. In 1874, the [[Supreme Court of North Carolina]] ruled:<ref>{{cite web |title=STATE v. RICHARD OLIVER |url=http://sobek.colorado.edu/~mciverj/2481_70NC60.html |publisher=[[University of Colorado Boulder]] |accessdate=7 October 2018 |archiveurl=https://archive.today/20130916014355/http://sobek.colorado.edu/~mciverj/2481_70NC60.html |archivedate=16 September 2013}}</ref>

:"We may assume that the old doctrine, that a husband had a right to whip his wife, provided he used a switch no larger than his thumb, is not law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.

:But from motives of public policy,--in order to preserve the sanctity of the domestic circle, the Courts will not listen to trivial complaints.

:If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.

:No general rule can be applied, but each case must depend upon the circumstances surrounding it."

Today, husbands continue to be immune from prosecution in case of certain forms of physical abuse against their wives in some countries. For instance, in [[Iraq]] husbands have a legal right to "punish" their wives. The criminal code states that there is no crime if an act is committed while exercising a legal right. Examples of legal rights include: "The punishment of a wife by her husband, the disciplining by parents and teachers of children under their authority within certain limits prescribed by law or by custom".<ref>{{cite web|url=http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf |title=THE PENAL-CODE WITH AMENDMENTS |accessdate=2015-03-31 |url-status=dead |archiveurl=https://web.archive.org/web/20121021100954/http://law.case.edu/saddamtrial/documents/Iraqi_Penal_Code_1969.pdf |archivedate=2012-10-21 }}</ref> In 2010, the United Arab Emirates's Supreme Court ruled that a man has the right to physically discipline his wife and children as long as he does not leave physical marks.<ref>{{cite web|url=http://edition.cnn.com/2010/WORLD/meast/10/19/uae.court.ruling/index.html?_s=PM:WORLD|title=Court in UAE says beating wife, child OK if no marks are left|accessdate=22 August 2015}}</ref>

==Wife-on-husband violence==
{{See|Male rape}}
Although most research is focused on wives as victims of marital rape, husbands experience marital rape as well. Little research exists focusing on the specific situation of non-consensual wife-to-husband sexual relations, but evidence suggests that 13%-16% of men are victims of assault by marital or cohabitating partners in their lifetime (Tjaden and Thoennes, 2000). Research conducted by Morse (1995), Straus (1977-1978), and Straus and Gelles (1985) suggest that men and women have nearly the same annual rates of victimization of violence by a marital or cohabitating partner (Tjaden and Thoennes, 2000). One study that looked at lifetime experiences of marital and cohabitating partner violence found nearly equal rates of victimization among men and women (Tjaden and Thoennes, 2000). However, these statistics convey the larger topic of partner violence and do not reflect rates of marital rape.<ref>{{cite journal |last1=TJADEN |first1=PATRICIA |last2=THOENNES |first2=NANCY |title=Prevalence and Consequences of Male-to-female and Female-to-male Intimate Partner Violence as Measured by the National Violence Against Women Survey |journal=Violence Against Women |date=30 June 2016 |volume=6 |issue=2 |pages=142–161 |doi=10.1177/10778010022181769}}</ref>

==Same-sex couples==
{{See|Male rape}}
Given that same-sex marriage is a relatively new concept, and only minimally accepted globally, little research has explored marital rape in same-sex relationships.

==Sustaining factors==
===Legal===
Legally, governments have direct impact on the occurrence of marital rape. The state "…engages in the definition, monitoring, and sanctioning of appropriate behavior" (Torres, 2016). This can play out in criminalizing or not criminalizing marital rape and therefore deeming what is appropriate. [[Catharine MacKinnon]] argues that rape laws in male dominated societies exist to regulate access to women from a male perspective, not to protect women's right to freely decide whether to engage in sexual intercourse or not. Whatever the reason behind such laws, even when state laws have criminalized marital rape, state institutions perpetuate it. For example, although marital rape has been criminalized throughout the United States, the original laws of the 1980s and 1990s treated marital rape differently from non-marital rape, and in some states this continues to be the case even today (see [[Marital rape (United States law)]]). As these laws exemplify, marital rape is seen as somehow less reprehensible than rape outside of marriage (Bergen, 2016). Even when marital rape is prosecuted successfully, courts often pass shorter sentences - even if the law itself does not stipulate this - based on the view that sexual violation is less serious if it occurs within marriage. Following this same understanding, British courts often pass lower sentences to marital rape than to other cases of rape because it is believed that it causes less harm to the victim (Mandal, 2014).

Police departments are another state institution that treats domestic violence differently than other forms of violence. Police often label domestic abuse calls as low priority, respond slower, and focus on what provoked the abuse rather than the violent actions of the perpetrator (Schelong, 1994). Also, they often act as mediators in the situation because they may feel that domestic violence is a family matter and therefore not their business (Schelong, 1994).

While government institutional influences are vast, marital rape is often sustained by cultural ideologies. According to Catharine MacKinnon and Andrea Dworkin, the issue of sexual violence, including within marriage, has not been a political spectrum issue - that is a left wing ''vs''. right wing issue - but a general ubiquitous part of the culture, "The Left and the Right have consistently had different positions on rape; but neither has acknowledged rape from the point of view of the women who experienced it.<ref>{{cite journal|url=http://repository.uchastings.edu/cgi/viewcontent.cgi?article=1040&context=hwlj |journal=Hastings Women's Law Journal |title=Surfacing Gender: Re-Engraving Crimes Against Women in Humanitarian Law |author=Rhonda Copleon |volume=5 |date=1994 |accessdate=2016-07-16}}</ref>

===Culturally unrecognizable===
For many cultures, ideas of marital rape seem often foreign imposed and contradict the belief that such matters should be dealt with privately rather than by the government (Smith, 2016). In other instances, notably in the country of India, members of the government have spoken publicly that marital rape cannot be recognized in their culture. The Indian Minister of State for Home Affairs, [[Haribhai Parthibhai Chaudhary]], stated in April 2015, "The concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including levels of education, illiteracy, poverty, myriad social customs and values, religious beliefs, [and] the mindset of the society to treat the marriage as sacrament" (Torres, 2016). For many other countries, the concept of marital rape is itself an oxymoron (Smith, 2016). Women in these cultures largely "…share the cultural logic that marital rape is a contradiction in terms…" while men simultaneously "…see women's sexual consent in marriage as taken for granted…" and therefore "…reject the very concept of marital rape" (Smith, 2016).

The act of imposing sexual intercourse against the will of the wife is often not identified as morally wrong, and so it is difficult to attempt to stop the practice, "Often, men who coerce a spouse into a sexual act believe their actions are legitimate because they are married to the woman." (WHO, pp.&nbsp;149).<ref name="who.int"/> This idea that sexual intercourse in marriage is 'legitimate' and so it cannot be illegal even when forced, is in some parts of the world fueled by the custom of [[bride price]]: its paying is seen as earning the man the right to sexual and reproductive control of his wife. [[UN Women]] recommended the abolition of giving bride price, and stated that: "Legislation should [...] State that a perpetrator of domestic violence, including marital rape, cannot use the fact that he paid bride price as a defense to a domestic violence charge. (pp. 25) "<ref>{{cite web|url=http://www.unwomen.org/~/media/headquarters/attachments/sections/library/publications/2012/12/unw-legislation-supplement-en%20pdf.pdf |title=Handbook for Legislation on Violence Against Women |website=Unwomen.oreg |accessdate=2016-07-16}}</ref>

Young women from various settings in [[South Asia]] explained in surveys that even if they felt discomfort and didn't want to have sex, they accepted their husbands' wishes and submitted, fearing that otherwise they would be beaten.<ref name="popcouncil.org">{{cite web|url=http://www.popcouncil.org/pdfs/popsyn/PopulationSynthesis1.pdf |title=FORCED SEXUAL RELATIONS among married young women in developing countries |accessdate=2010-06-21 |url-status=dead |archiveurl=https://web.archive.org/web/20101206071139/http://www.popcouncil.org/pdfs/popsyn/PopulationSynthesis1.pdf |archivedate=2010-12-06 }}</ref> In many [[developing countries]] it is believed—by both men and women—that a husband is entitled to sex any time he demands it, and that if his wife refuses him, he has the right to use force.<ref name="popcouncil.org"/> These women, most of them either [[illiterate]] or very poorly educated, are married at very young ages (in [[Bangladesh]], for example, according to statistics from 2005, 45% of women then aged between 25–29 had been married by the age of 15<ref>{{cite web|url=http://www.unfpa.org/swp/2005/presskit/factsheets/facts_child_marriage.htm |title=Child Marriage Factsheet: State of World Population 2005 |publisher=UNFPA |accessdate=2012-05-14}}</ref>), and depend on their husbands for their entire life. This situation leaves women with very little sexual autonomy. The notion that women are sexually autonomous and therefore have the ability to give or retract consent is not universally understood. Gabriella Torres writes, "The degree to which women and men view themselves as unique social beings with a full ability to make choices and suffer consequences varies by culture" (Torres, 2016). As a result, in cultures where women are not considered autonomous, they are not in a position to refuse sex: they have to choose between unwanted sex and being subjected to violence; or between unwanted sex and being abandoned by their husbands and ending up living in abject poverty.

According to [[Sheila Jeffreys]], in Western countries, "[[sexual liberation]]" ideologies have aggravated the problem of male sexual entitlement, leading to women submitting to unwanted sex not only due to physical force or illegal threat, but due to societal pressure: "The force which has operated on them [women] all their lives and continues to operate on them within marriages and relationships remains largely invisible. [...] Such forces include the massive industry of [[sexology]], [[sex therapy]], sex advice literature, all of which make women feel guilty and inadequate for any unwillingness to fulfill a man's sexual desires."<ref>''The Idea of Prostitution'', by Sheila Jeffreys, pp 261 -262</ref>

The prohibition of rape serves other purposes, such as protection of the rights of male relatives or husband, enforcing of religious laws against sex outside of marriage, or preservation of a woman's respect and reputation in society. Under such ideologies it is difficult to accept the concept of marital rape. [[Richard A. Posner]] writes that, "Traditionally, rape was the offense of depriving a father or husband of a valuable asset — his wife's chastity or his daughter's virginity".<ref>''Sex and Reason'', by Richard A. Posner, page 94.</ref> In many countries of the world, including Morocco, Algeria, Tunisia, Jordan, the severity of the legal punishment for rape depends on whether the victim was a [[virgin]].<ref>{{cite web|url=https://amnestytaunton.wordpress.com/tag/algeria/|title=Algeria - Amnesty International Taunton Local Group|accessdate=22 August 2015}}</ref><ref>{{cite journal|url=http://vc.bridgew.edu/cgi/viewcontent.cgi?article=1720&context=jiws |journal=Journal of International Women's Studies |title=Doctors and Sheikhs: "Truths" in Virginity Discourse in Jordanian Media |author=Ebtihal Mahadeen |volume=14 |date=December 2013 |accessdate=2016-07-16}}</ref> Rhonda Copleon writes that, "Where rape is treated as a crime against honor, the honor of women is called into question and virginity or chastity is often a precondition."

===The way marriages are arranged===
In many cultures, marriages are still [[arranged marriage|arranged]] for the purpose of procreation, property, and consolidation of [[extended family]] relations, often including a [[bride price]] or a [[dowry]]. In such situations, marriages are pre-arranged as an affair between families and clans. In some cultures, refusal of an arranged marriage is often a cause of an [[honor killing]], because the family which has prearranged the marriage risks disgrace if the marriage does not proceed.<ref>{{cite web |title=Honor Violence FACTSHEET |url=http://www.honordiaries.com/wp-content/uploads/2013/06/HD-FactSheet-HonorViolenceEast.pdf |website=Honor Diaries |accessdate=7 October 2018 |archive-url=https://web.archive.org/web/20170621134325/http://www.honordiaries.com/wp-content/uploads/2013/06/HD-FactSheet-HonorViolenceEast.pdf |archive-date=2017-06-21 |url-status=dead }}</ref><ref>{{cite web|url=https://www.bbc.co.uk/ethics/honourcrimes/crimesofhonour_1.shtml |title=Ethics: Honour crimes |publisher=BBC |date=1 January 1970 |accessdate=23 December 2013}}</ref><ref>{{cite web |last1=Sev'er |first1=Aysan |last2=Yurdakul |first2=Gökçe |title=Culture of Honor, Culture of Change - A Feminist Analysis of Honor Killings in Rural Turkey |url=https://tspace.library.utoronto.ca/bitstream/1807/17543/1/cultureofhonour.pdf |publisher=[[University of Toronto]] |accessdate=7 October 2018 |date=9 September 2001}}</ref> Although laws that prohibiting dowries exist in many countries, men continue to demand a dowry in exchange for marriage, especially in rural areas where law enforcement is weak. In Bangladesh, dowry demand at marriage is linked to increased sexual violence.<ref>{{Cite journal|last=Naved|first=Ruchira Tabassum.|date=2013|title=Sexual Violence Towards Married Women in Bangladesh|url=|journal=Arch Sex Behav|volume=42|issue=4|pages=595–602|doi=10.1007/s10508-012-0045-1|pmid=23254953}}</ref> A woman attempting to obtain a divorce or separation without the consent of the husband/extended family can also be a trigger for honor killings. In cultures where marriages are arranged and goods are often exchanged between families, a woman's desire to seek a divorce is often viewed as an insult to the men who negotiated the deal.<ref>{{cite web|url=http://news.nationalgeographic.com/news/2002/02/0212_020212_honorkilling_2.html|title=Thousands of Women Killed for Family "Honor"|date=2002-02-12}}</ref><ref>{{cite web|url=http://hbv-awareness.com/faq/|title=FAQ}}</ref>

However, the fact that people in developing countries are increasingly selecting marriage partners by whether they are in love – a much more Western world view – does not necessarily improve the situation. These types of marriages, especially in southeastern Nigeria, are putting women in more difficult positions: if one chooses to marry based on love against their family's wishes, admitting violence in the relationship is a disgrace because it means admitting that one made the wrong judgement (Smith, 2016).

===Religion===
====Judeo-Christian====
Most of the [[Western World]] has been strongly influenced by [[Judeo-Christian]] [[Bible]]. The paradisaical narrative of man and woman in [[Book of Genesis|Genesis]] establishes a foundation of marriage: {{quote|“So God created man in His own image; in the image of God He created him; male and female He created them.” “Therefore, a man shall leave his father and mother and be joined to his wife, and they shall become one flesh.<ref>Genesis 1:27, 2:24 (NKJV)))</ref>}}
This doctrine is repeated in the [[Gospel]] by [[Jesus]], but with the added conclusion “so then they are no longer two, but one flesh".<ref>Matthew 19:4-6, Mark 10:6-8</ref> The same doctrine is continued in the [[Epistles]] in the writings of the Apostle Paul.<ref>Ephesians 5:31 (NKJV</ref>

It is further explicated by the Apostle Paul, writing,

{{quote|“The wife does not have authority over her own body, but the husband does. And likewise the husband does not have authority over his own body, but the wife does. Do not deprive one another except with consent for a time, that you may give yourselves to fasting and prayer; and come together again.<ref>1 Cor 7:4-5a (NKJV)</ref>}}

On the standing of each party to determine how this biblical principle—denial of conjugal relations—was to be effected was codified as an ecclesiastical canon in 280 A.D. by [[Pope Dionysius of Alexandria|St. Dionysian of Alexandria]]: "Persons who are self-sufficient and married ought to be judges of themselves." <ref>The commentary on this canon reads “... this course ought to be adopted by agreement between both parties—that is to say by both the husband and the wife agreeing thereto.” Cummings, D. The Rudder, url=http://s3.amazonaws.com/orthodox/The_Rudder.pdf, Orthodox Christian Educational Society, 1957. pp. 720-721.</ref><ref>Laiou, Angelike E. (editor), Consent and Coercion to Sex and Marriage in Ancient and Medieval Societies, Dumbarton Oaks Research Library and Collection, 1993, p. 183</ref> The canon was given ecumenical application by the Sixth Ecumenical Council in 691 A.D.<ref>Cummings, D. The Rudder, url=http://s3.amazonaws.com/orthodox/The_Rudder.pdf, Orthodox Christian Educational Society, 1957. p. 294.</ref> Ecclesiastical canons continued to adjudicate marital issues well into the modern era until all but entirely superseded by the civil courts.

The Christian religion teaches that [[pre-marital sex]] is [[fornication]], and sexual relations by a married person with someone other than his or her spouse is [[adultery]], both of which are [[sins]], while sex within marriage is a [[duty]]. This concept of 'conjugal sexual rights' has the purpose to prevent sin (in the form of adultery and temptation) as well as to enable procreation.

The above is interpreted by some religious figures as to render marital rape an impossibility.<ref>{{cite web|url=http://www.adn.com/2011/07/22/1980301/readers-blast-valley-paper-over.html |title=Valley paper criticized over pastor's column on spousal rape |work=Alaska Dispatch News |accessdate=22 August 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20131029203959/http://www.adn.com/2011/07/22/1980301/readers-blast-valley-paper-over.html |archivedate=29 October 2013 }}</ref><ref>{{cite web|url=http://crisiscentrebahamas.wordpress.com/2009/09/07/marital-rape-ban-tragically-wrong-says-the-christian-council/|title=Marital rape ban 'tragically wrong' says the Christian Council - Bahamas Crisis Centre|work=Bahamas Crisis Centre|accessdate=22 August 2015|date=2009-09-07}}</ref> However, not all religious figures hold this view.<ref>{{cite web|url=http://www.ucanews.com/story-archive/?post_name=/2009/08/07/priest-signs-online-petition-to-criminalize-marital-rape&post_id=50768|title=priest signs online petition to criminalize marital rape - ucanews.com|work=ucanews.com|accessdate=22 August 2015}}</ref>

Further, Pentecostal Christianity prescribes gender expectations for married individuals that "…reestablish a patriarchal bargain…" in which "…women acquiesce to men's authority in return for certain kinds of support" (Smith, 2016). Husbands are expected to provide for the family, and in return, wives are to submit to their husband's authority (Smith, 2016). Ultimately, this "…strengthens some of the gender dynamics that make intimate partner violence possible in the first place" (Smith, 2016).

By contrast, [[Pope Paul VI]] in his 1968 encyclical letter ''[[Humanae vitae]]'' wrote that "Men rightly observe that a conjugal act imposed on one's partner without regard to his or her condition or personal and reasonable wishes in the matter, is no true act of love, and therefore offends the moral order in its particular application to the intimate relationship of husband and wife."<ref>Paul VI, 1968, ''Humanae vitae'', §13.</ref> This teaching, which has been reaffirmed more recently by [[Pope Francis]],<ref>Pope Francis, 2016, ''[[Amoris laetitia]]'', §154.</ref> and has been interpreted by [[Bertrand de Margerie]] to condemn "intra-marital rape", and the use of force in marriage more generally.<ref>de Margery, Bertrand. 'Humane vitae- To which less consideration has been given'. {{cite web|url=http://www.catholicnewsagency.com/resources/life-and-family/humanae-vitae/humanae-vitae-to-which-less-consideration-has-been-given/|title=Humanae Vitae - To which less consideration has been given}}</ref>

===Gender expectations===
{{See|Gender roles}}
Another sustaining factor is the obligatory roles placed on wives and what they come to understand as their "duty". For example, "Vietnamese women are expected to sacrifice for their families, especially for their children, which includes, for some, acceding to husbands’ sexual demands" (Kwiatkowski, 2016). Their "duty" is to maintain family harmony and happiness (Kwiatkowski, 2016). In Guatemala, violence within marriage is so normalized that wives come to believe that this is ‘the way things are’ and it is simply their role as a wife to endure the violence (Menjívar, 2016). This "…normalization of violence…rests on a continuum of coercive power that makes possible the mistreatment of women not only in their homes but also in the community, neighborhood, and society at large" (Menjívar, 2016). Further, because many of these women believe giving sex is their duty, they do not characterize their experience as marital rape (Bergen, 2016). However, "…women who have experienced forced sex in marriage understand this experience as an abuse or violation", they just may not characterize it as marital rape (Torres, 2016). Violence is so entrenched in many cultures it simply becomes a way of life, and wives are left to believe they must learn to endure it (Menjívar, 2016).

On the other hand, husbands are influenced by the expectations of their masculinity. In Africa, these expectations include being a husband, father, and head of the household which requires men to provide food, shelter and protection (Smith, 2016). Along with this "…obligation of being the provider comes the privilege and authority of patriarchy" (Smith, 2016). As a result, it is often the man's perception that his wife has challenged his authority that leads to the violence (Smith, 2016).

In the United States, masculinity is understood as a fixed entity that exists despite the changes of everyday life (Connell, 45). It is understood as being in comparison to femininity, and more specifically, in opposition to femininity: Masculinity is to superiority as femininity is to subservience (Connell). Therefore, masculinity is correlated with aggression in such a way that scholars argue violence is a way for men to show their masculine identity (Umberson et al., 2003). Another expectation of masculinity is that men are not to show their emotion (Umberson et al., 2003). Instead, as Robert Connell argues, the "masculine prototype" is a strong and stoic man who appears to remain in control of the situation and his emotions (Umberson et al., 2003). This sense of control in Western masculinity has direct implications for domestic violence. Scholars argue that some men use violence to regain this sense of control when it is lost (Umberson et al., 2003).

However, not all men who subscribe to masculinity expectations are violent. In fact, most men, in general, are not violent (Umberson et al., 2003). For those who are violent, ideals of masculinity seem to play some causal role in their violence. Research shows that "violence is more likely among men who experience a disconnection between their personal circumstances and their emotions" (Umberson et al., 2003). Evidently, there seems to be some connection between the masculine expectation of suppressing or disconnecting from one's emotions, and one's tendency to be violent (Umberson et al., 2003).

==Universal lived experience==

Although marital rape is not always defined as such in different cultures, there is a universal understanding of the violation that comes with rape. Yllö & Torres (2016) argue that "…marital rape is regularly constituted across cultures as a locally recognized social violation—one that is understood to impede women in those particular cultural contexts from aspiring to a good human life." An aspect of this violation is the notion that the victim has not given their consent, however, historically and presently, consent is not always connected to marital sex. (Yllö &Torres, 2016). In the United States, a woman's personhood, and therefore her consent, only began with the suffragist movement that sought women's access to equal citizenship (Yllö & Torres, 2016). Globally, many cultures do not require a woman's consent in marriage because procreation is at the root of such an alliance (Yllö & Torres, 2016). Further, some women are forced into marriage where her consent is not considered or required (Yllö & Torres, 2016). Despite this cultural variance, "women across many cultures do experience the violation of rape in marriage—even if the way that such violations are experienced and understood differs from culture to culture" (Yllö & Torres, 2016).

==Problems in prosecuting marital rape==
The criminalization of marital rape does not necessary mean that these laws are enforced in practice, with lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute being common in many countries. For instance, in Ireland, where marital rape was made illegal in 1990, by 2016 there had been only two persons convicted of marital rape.<ref>{{cite web|url=http://www.irishtimes.com/news/social-affairs/marital-rape-remains-extremely-difficult-to-prosecute-1.2734172|title=Marital rape remains extremely difficult to prosecute}}</ref> Additionally, gender norms that often place wives in subservient positions to their husbands, make it more difficult for women to recognize spousal rape or feel confident that it will be addressed by law enforcement.

In many countries, most often, in practice, there will be no prosecution except in extreme cases that involve a very high level of violence. There have been many problems with prosecuting the perpetrators of spousal rape, chief amongst them has been the reluctance of the various legal systems to recognize it as a crime at all. However, criminalization has opened a new set of problems. To take an example in the [[United Kingdom]], such a category of rape was only recognized by a 1991 [[House of Lords]] decision known simply as ''R v R (1991 All ER 481)''. While most parties agreed with the House of Lords' motive in making the decision, there were many who were of the opinion that the decision involved ''post facto'' criminalization, since the House of Lords were imprisoning spouses for doing what was once, according to the law, their right.

Another problem results from prevailing social norms that exist in certain cultures. In order for any law to be successfully enforced, the acts which it prohibits must be perceived by society as abusive. As such, even if a jurisdiction enacts adequate laws against marital rape, in practice, these laws are ignored if the act is not socially considered a crime. For example, in many parts of the world, where women have few rights, it is considered unthinkable for a woman to refuse her husband's sexual demands; far from being seen as an act of abuse of a wife, marital rape is seen as an incident provoked by the wife who refused to perform her duty: for instance one survey found that 74% of women in [[Mali]] said that a husband is justified to beat his wife if she refuses to have sex with him.<ref>{{cite web|url=http://www.bioline.org.br/request?rh04047 |title=Bioline International Official Site (site up-dated regularly) |publisher=Bioline.org.br |accessdate=2013-08-17}}</ref>

Other problems arise from the fact that, even in countries where marital rape is illegal, many people are not aware of the existing laws. Because in most parts of the world marital rape laws are very new, many people do not know of their existence. In many cultures, traditional ideas about marriage are deeply rooted in the conscience of the population, and few people know that forcing a spouse to have sex is illegal. For instance, a report by Amnesty International showed that although marital rape is illegal in [[Hungary]], in a public opinion poll of nearly 1,200 people in 2006, a total of 62% did not know
that marital rape was a crime: over 41% of men and nearly 56% of women
thought it was not punishable as a crime in Hungarian law, and nearly 12% did not know.<ref name="cries unheard" /> In [[Hong Kong]], in 2003, 16 months after the criminalization of marital rape, a survey showed that 40% of women did not know it was illegal.<ref>{{cite web|url=http://www.accessmylibrary.com/coms2/summary_0286-19956971_ITM |title=Article: Publicity urged for law on marital rape. &#124; AccessMyLibrary - Promoting library advocacy |publisher=AccessMyLibrary |date=2003-11-23 |accessdate=2013-08-17}}</ref> A 2010 study in [[South Africa]] (where marital rape was made illegal in 1993) showed that only 55% of respondents agreed with the affirmation "I think it is possible for a woman to be raped by her husband".<ref>{{cite web|url=http://www.alnap.org/pool/files/13452-begin-war-at-home.pdf|title=The War At Home : Gender Based Violence Indicators Project|website=Alnap.org|accessdate=2016-07-16|archive-url=https://web.archive.org/web/20160304191608/http://www.alnap.org/pool/files/13452-begin-war-at-home.pdf|archive-date=2016-03-04|url-status=dead}}</ref>
Although in recent years some countries in Africa have enacted laws against marital rape, in most parts of the continent forced marital sex is not a criminal offense. A 2003 report by [[Human Rights Watch]] stated that: "With few exceptions across Africa, marital rape is not recognized as a crime, and domestic violence is seen as a right of married men."<ref>{{cite web|url=https://www.hrw.org/reports/2003/africa1203/africa1203.pdf |title=Microsoft Word - hivaids1203.doc |website=Hrw.org |date= |accessdate=2016-07-16}}</ref> The acceptability of domestic violence in most African countries is very high: surveys showed that the percentage of women aged 15–49 who think that a husband is justified in hitting or beating his wife under certain circumstances is, for example, 87% in Mali, 86% in Guinea, 80% in Central African Republic, 79% in South Sudan.<ref>{{cite web|url=http://www.childinfo.org/attitudes_data.php |title=Unicef Statistics |accessdate=22 August 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20140704112113/http://www.childinfo.org/attitudes_data.php |archivedate=4 July 2014 }}</ref> Although more countries in Africa are now enacting laws against domestic violence, social norms make it difficult to enforce these laws; and many women are not aware of their rights: for instance in Ethiopia in a survey only 49% of women knew that wife-beating is illegal (it was made illegal under the 2004 Criminal Code).<ref name="sgdatabase.unwomen.org">{{cite web|url=http://sgdatabase.unwomen.org/uploads/Ethiopia%20-%20Revised%20Criminal%20Code%202004.pdf |title=THE CRIMINAL CODE OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA |accessdate=2013-12-03 |url-status=dead |archiveurl=https://web.archive.org/web/20140222202126/http://sgdatabase.unwomen.org/uploads/Ethiopia%20-%20Revised%20Criminal%20Code%202004.pdf |archivedate=2014-02-22 }}</ref><ref>{{cite web|url=http://www.unicef.org/evaldatabase/files/Ethiopia_FGM_Final.pdf |title=Ministry of Finance and Economic Development and UNICEF in Ethiopia : PROGRESS IN ABANDONING FEMALE GENITAL MULTILATION / CUTTING AND CHILD MARRIAGE IN SELF-DECLARED WOREDAS |website=Unicef.org |accessdate=2016-07-16}}</ref> The lack of legal and social recognition of marital rape in Africa has been cited as making the fight against HIV harder.<ref>{{cite web|url=https://www.hrw.org/news/2008/08/18/costs-marital-rape-southern-africa|title=The costs of marital rape in Southern Africa|work=Human Rights Watch|accessdate=22 August 2015|date=2008-08-19}}</ref>

== Legislation by country ==
{{main|Marital rape laws by country}}
{{Disputed section|date=April 2015}}

{| class="sortable wikitable"
|+ '''Marital rape legislation by country'''
! Country
! Criminalised
! ! class="unsortable"| Notes
|-
|-
! League
| {{flag|Afghanistan}}<ref name="World Bank 2018" />
! App
| {{no}}
! Gls
| The EVAW law criminalizes 22 acts of violence against women, including rape, battery, or beating; forced marriage; humiliation; intimidation; and deprivation of inheritance. Under the law rape does not include spousal rape.<ref>{{cite web |title=Afghanistan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277275.htm |archive-url=https://web.archive.org/web/20180422124155/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277275.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
! App
! Gls
! App
! Gls
! App
! Gls
! App
! Gls
|-
|-
| rowspan="4" |[[Melbourne Knights FC|Melbourne Knights]]
| {{flag|Albania}}<ref name="World Bank 2018" />
| [[National Soccer League 1992-93|1992–93]]
| {{yes}}
| rowspan=3 | [[National Soccer League|NSL]]
| The Criminal Code was amended in 2012 and 2013 to criminalise marital rape.<ref>{{Cite web |url=https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20263&LangID=E |title=Committee on the Elimination of Discrimination against Women considers the report of Albania |author=Committee on the Elimination of Discrimination against Women |publisher=[[Office of the United Nations High Commissioner for Human Rights]] |date=8 July 2016 |accessdate=7 October 2018}}</ref>
| 4
| 2
| 0
| 0
| colspan="2" |—
| colspan="2" |—
| 4
| 2
|-
|-
| [[National Soccer League 1993-94|1993–94]]
| {{flag|Algeria}}
| {{no}}
| 20
| 17
| The law criminalizes rape but does not address spousal rape.<ref>{{cite web |title=Algeria 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277235.htm |archive-url=https://web.archive.org/web/20180422124201/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277235.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref name="FH2010">{{cite web |url=https://freedomhouse.org/report/women039s-rights-middle-east-and-north-africa/womens-rights-middle-east-and-north-africa-2010 |title=Women's Rights in the Middle East and North Africa 2010 |publisher=Freedom House |date=March 2010 |accessdate=7 October 2018}}</ref>{{rp|at=p.6}}
| 2
| 1
| colspan="2" |—
| colspan="2" |—
| 22
| 18
|-
|-
| [[National Soccer League 1994-95|1994–95]]
| {{flag|Andorra}}
| {{yes}}
| 24
| 21
| Spousal rape can be punished by up to 15 years imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277135#section6women |title=Andorra, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref><ref name="Analytical study">{{cite web |title=Analytical study of the results of the 4th round of monitoring the implementation of Recommendation Rec(2002)5 on the protection of women against violence in Council of Europe member states |url=https://rm.coe.int/16805915e9 |website=Council of Europe |publisher=Gender Equality Commission (GEC) |accessdate=12 October 2018}}</ref>
| 3
| 6
| colspan="2" |—
| colspan="2" |—
| 27
| 27
|-
|-
! colspan="2" |Total
| {{flag|Angola}}<ref name="World Bank 2018" />
!48
| {{yes}}
!40
| Rape, including spousal rape, is illegal and punishable by up to eight years’ imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=276967#section6women |title=Angola, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
!5
!7
! colspan="2" |—
! colspan="2" |—
!53
!47
|-
|-
| rowspan="5" | [[GNK Dinamo Zagreb|Croatia Zagreb]]
| {{flag|Antigua and Barbuda}}<ref name="World Bank 2018" /><ref name="Postcolonial">{{cite journal |last1=Elvy |first1=Stacy-Ann |title=A Postcolonial Theory of Spousal Rape: The {{Sic|Car|ribean|hide=y}} and Beyond |journal=Michigan Journal of Gender and Law |date=2015 |volume=22 |issue=1 |page=94 |accessdate=17 October 2018|url=https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1048&context=mjgl}}</ref>
|[[1995–96 Prva HNL|1995–96]]
| {{no}}
| rowspan="4" |[[Prva HNL]]
| The Sexual Offences Act, 1995, includes in the definition of rape: "with a female person who is not his wife".<ref>{{cite web |title=Sexual Offences Act 1995 |url=http://www.laws.gov.ag/acts/1995/a1995-9.pdf |publisher=Parliament of Antigua ad Barbuda |accessdate=17 October 2018}}</ref>
| 27
| 12
| 2
| 0
| colspan="2" |—
| 0
| 0
| 29
| 12
|-
|-
| [[1996–97 Prva HNL|1996–97]]
| {{flag|Argentina}}<ref name="World Bank 2018" />
| {{yes}}
| 25
| 18
| Rape of men and women, including spousal rape, can be punished by imprisonment from six months to up to 20 years.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277135#section6women |title=Argentina, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
| 3
| 2
| colspan="2" |—
| 2
| 3
| 30
| 23
|-
|-
| [[1997–98 Prva HNL|1997–98]]
| {{flag|Armenia}}<ref name="World Bank 2018" />
| {{yes}}
| 25
| 8
| Rape is a criminal offense, and conviction carries a maximum sentence of 15 years; general rape statutes applied to the prosecution of spousal rape.<ref>{{cite web |title=Armenia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277137.htm |archive-url=https://web.archive.org/web/20180422124219/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277137.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 5
| 2
| colspan="2" |—
| 4
| 6
| 31
| 16
|-
|-
| [[1998–99 Prva HNL|1998–99]]
| {{flag|Australia}}<ref name="World Bank 2018" />
| {{yes}}
| 7
| 2
| In 1990, the Criminal Law Act was amended to abolish the exemption from punishment in cases where a husband raped his wife.<ref name="Temkin86"/><ref name="UNIFEM-2003">Report of the Secretary-General, [http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/419/74/PDF/N0641974.pdf?OpenElement In-depth study on all forms of violence against women], United Nations, UN Doc A/61/122/Add.1, 6 July 2006. {{webarchive |url=https://web.archive.org/web/20110815111814/http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/419/74/PDF/N0641974.pdf?OpenElement |date=August 15, 2011 }}</ref> The government enforced the law effectively. The laws of individual states and territories provide the penalties for rape.<ref>{{cite web |title=Australia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277065.htm |archive-url=https://web.archive.org/web/20180422124221/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277065.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 0
| 0
| colspan="2" |—
| 2
| 2
| 9
| 4
|-
|-
! colspan="2" |Total
| {{flag|Austria}}<ref name="World Bank 2018" />
!84
| {{yes}}
!40
| Spousal rape can be punished by up to 15 years imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277139#section6women |title=Austria, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
!10
!4
! colspan="2" |—
!8
!11
!99
!55
|-
|-
| rowspan="3" | [[Celtic F.C.|Celtic]]
| {{flag|Azerbaijan}}<ref name="World Bank 2018" />
| [[1998–99 Scottish Premier League|1998–99]]
| {{yes}}
| rowspan="2" |[[Scottish Premier League|SPL]]
| Spousal rape is illegal, but observers stated police did not effectively investigate such claims.<ref>{{cite web |title=Azerbaijan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277141.htm |archive-url=https://web.archive.org/web/20180422124226/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277141.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 9
| 5
| 2
| 3
| 0
| 0
| 0
| 0
| 11
| 8
|-
|-
| [[1999–2000 Scottish Premier League|1999–00]]
| {{flag|The Bahamas}}<ref name="World Bank 2018" /><ref name="Postcolonial" />
| {{no}}
| 28
| 25
| Rape of men or women is illegal, but the law does not protect against spousal rape, except if the couple is separated or in the process of divorce, or if there is a restraining order in place.<ref>{{cite web |title=The Bahamas 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277305.htm |archive-url=https://web.archive.org/web/20180422124229/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277305.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 1
| 0
| 4
| 1
| 4
| 1
| 37
| 27
|-
|-
! colspan="2" |Total
| {{flag|Bahrain}}<ref name="World Bank 2018" />
!37
| {{no}}
!30
| Rape is illegal, although the criminal code allows an alleged rapist to marry his victim to avoid punishment. The law does not address spousal rape.<ref>{{cite web |title=Bahrain 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277237.htm |archive-url=https://web.archive.org/web/20180422124231/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277237.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
!3
!3
!4
!1
!4
!1
!48
!35
|-
|-
| rowspan="5" | [[Leeds United F.C.|Leeds United]]
| {{flag|Bangladesh}}<ref name="World Bank 2018" />
|[[2000–01 FA Premier League|2000–01]]
| {{no}}
|[[Premier League]]
| The law prohibits rape of a female by a male and physical spousal abuse, but the law excludes marital rape if the female is above 13.<ref>{{cite web |title=Bangladesh 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277277.htm |archive-url=https://web.archive.org/web/20180422124234/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277277.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 34
| 17
| 2
| 1
| 1
| 0
| 16
| 4
| 53
| 22
|-
|-
| [[2001–02 FA Premier League|2001–02]]
| {{flag|Barbados}}<ref name="Postcolonial" /><ref>{{cite web |title=Barbados: Domestic violence, including legislation; recourse and support services available to victims (2015-January 2017) |url=http://www.refworld.org/docid/58d5386b4.html |website=Refworld |publisher=United Nations High Commissioner for Refugees |accessdate=17 October 2018 |language=en}}</ref>
|[[Premier League]]
| {{no}}
| 33
| There are legal protections against spousal rape for women holding a court-issued divorce decree, separation order, or non-molestation order.<ref>{{cite web |title=Barbados 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277307.htm |archive-url=https://web.archive.org/web/20180422124236/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277307.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 11
| 1
| 1
| 1
| 1
| 7
| 3
| 42
| 16
|-
|-
| [[2002–03 FA Premier League|2002–03]]
| {{flag|Belarus}}
|[[Premier League]]
| {{yes}}
| 33
| As of 2018.<ref name="World Bank 2018" />
| 20
| 4
| 2
| 1
| 0
| 2
| 0
| 40
| 22
|-
|-
| [[2003–04 FA Premier League|2003–04]]
| {{flag|Belgium}}<ref name="World Bank 2018" />
|[[Premier League]]
| {{yes}}
| 30
| Marital rape was criminalised by court decision in 1979.<ref name="Cornell"/> The criminal code was amended in 1989 to treat marital rape the same as other forms of rape.<ref name="coe.int"/><ref name="UNIFEM-2003" />
| 11
| 1
| 1
| 0
| 0
| 0
| 0
| 31
| 12
|-
|-
! colspan="2" |Total
| {{flag|Belize}}<ref name="World Bank 2018" />
!130
| {{yes}}
!59
| The criminal code criminalizes rape of men or women, including spousal rape. The code states that a person convicted of rape shall be sentenced to imprisonment for eight years to life.<ref>{{cite web |title=Belize 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277309.htm |archive-url=https://web.archive.org/web/20180422124244/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277309.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
!8
!5
!3
!1
!25
!7
!166
!72
|-
|-
| rowspan="4" | [[Middlesbrough F.C.|Middlesbrough]]
| {{flag|Benin}}<ref name="World Bank 2018" />
|[[2004–05 FA Premier League|2004–05]]
| {{yes}}
|[[Premier League]]
| The law explicitly prohibits spousal rape and provides the maximum penalty of 5 years imprisonment for conviction of raping a domestic partner.<ref>{{cite web |title=Benin 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/276969.htm |archive-url=https://web.archive.org/web/20180422124246/https://www.state.gov/j/drl/rls/hrrpt/2017/af/276969.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 16
| 5
| 2
| 0
| 1
| 0
| 4
| 2
| 23
| 7
|-
|-
|[[2005–06 FA Premier League|2005–06]]
| {{flag|Bhutan}}<ref name="World Bank 2018" />
|[[Premier League]]
| {{yes}}
| 27
| Spousal rape is illegal and prosecuted as a misdemeanor.<ref>{{cite web |title=Bhutan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277279.htm |archive-url=https://web.archive.org/web/20180422124248/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277279.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 7
| 5
| 2
| 2
| 1
| 9
| 6
| 43
| 16
|-
|-
|[[2006–07 FA Premier League|2006–07]]
| {{flag|Bolivia}}<ref name="World Bank 2018" />
|[[Premier League]]
| {{yes}}
| 29
| In 2013 the government passed the Law Guaranteeing Women a Life Free from Violence,<ref>{{cite web |title=Bolivia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277311.htm |archive-url=https://web.archive.org/web/20180422124251/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277311.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> it included the repeal of the marital rape exemption in the Penal Code.<ref>{{cite web |last1=Wright |first1=Emily |title=Bolivia: Home to Latin America's Highest Rates of Sexual Violence |url=https://www.newsdeeply.com/womenandgirls/articles/2017/06/26/bolivia-home-to-latin-americas-highest-rates-of-sexual-violence |website=Women and Girls |accessdate=17 October 2018 |language=en |date=26 June 2017}}</ref>
| 14
| 7
| 5
| 1
| 0
| 0
| 0
| 37
| 19
|-
|-
! colspan="2" |Total
| {{flag|Bosnia and Herzegovina}}<ref name="World Bank 2018" />
!72
| {{yes}}
!26
| The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law.<ref>{{cite web |title=Bosnia and Herzegovina 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277147.htm |archive-url=https://web.archive.org/web/20180422124254/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277147.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
!14
!7
!4
!1
!13
!8
!103
!42
|-
|-
| rowspan="3" |[[Newcastle United F.C.|Newcastle United]]
| {{flag|Botswana}}<ref name="World Bank 2018" /><ref name=Stefiszyn />
|[[2007–08 FA Premier League|2007–08]]
| {{no}}
|[[Premier League]]
| The law criminalizes rape but does not recognize spousal rape as a crime.<ref>{{cite web |title=Botswana 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/276971.htm |archive-url=https://web.archive.org/web/20180422124256/https://www.state.gov/j/drl/rls/hrrpt/2017/af/276971.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| 26
| 7
| 2
| 0
| 0
| 0
| 0
| 0
| 28
| 7
|-
|-
|[[2008–09 Premier League|2008–09]]
| {{flag|Brazil}}<ref name="World Bank 2018" />
|[[Premier League]]
| {{yes}}
| 12
| The law criminalizes rape of men or women, including spousal rape.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277313#section6women |title=Brazil, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
| 0
| 0
| 0
| 0
| 0
| 0
| 0
| 12
| 0
|-
|-
! colspan="2" |Total
| {{flag|Brunei}}<ref name="World Bank 2018" /><ref>"The 'Explanation' which forms part of Article 375 of Brunei's Penal Code (rape) stipulates that 'Sexual intercourse by a man with his own wife, the wife not being under thirteen (13) years of age, is not rape.' This amounts to legalisation and legitimization of marital rape, including the rape of children, in flagrant violation of international human rights law." Amnesty International, "[https://www.amnesty.org/en/documents/asa15/001/2009/en/ Brunei Darussalam: Amnesty International submission to the UN Universal Periodic Review] ," Sixth session of the UPR Working Group, November–December 2009.</ref>
!38
| {{no}}
!7
| The law does not criminalize spousal rape and explicitly states that sexual intercourse by a man with his wife is not rape, as long as she is not younger than 14 years (15 years if she is ethnic Chinese).<ref>{{cite web |title=Brunei 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277067.htm |archive-url=https://web.archive.org/web/20180422124301/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277067.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
!2
!0
!0
!0
!0
!0
!40
!7
|-
|-
! colspan="3" |Career Totals
| {{flag|Bulgaria}}<ref name="World Bank 2018" />
! 409
| {{yes}}
! 202
| The law criminalizes rape, and authorities generally enforced its provisions when violations came to their attention. Sentences for rape convictions range up 20 years in prison. While authorities could prosecute spousal rape under the general rape statute, they rarely did so.<ref>{{cite web |title=Bulgaria 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277149.htm |archive-url=https://web.archive.org/web/20180422124303/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277149.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
! 37
! 26
! 11
! 3
! 50
! 27
! 507
! 258
|}

===International career===

<ref>{{NFT player|id=421|accessdate=}}</ref>
{| class="wikitable" style="text-align:center"
! colspan=3 | [[Australia national football team|Australia national team]]
|-
|-
!Year!!Apps!!Goals
| {{flag|Burkina Faso}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018">{{cite web |title=Women, Business and the Law - Data |url=http://pubdocs.worldbank.org/en/167351537375717433/WBL-RAW-DATA-2010-2018-19-Sept-2018.xlsx |website=World Bank |accessdate=12 October 2018 |date=2018}}</ref>
|-
|-
| {{flag|Burundi}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape, including spousal rape, with penalties of up to 30 years’ imprisonment. The government did not enforce the law uniformly, and rape and other domestic and sexual violence continued to be serious problems.<ref>{{cite web |title=Burundi 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/276975.htm |archive-url=https://web.archive.org/web/20180422124311/https://www.state.gov/j/drl/rls/hrrpt/2017/af/276975.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|1994||2||0
| {{flag|Cameroon}}
| {{yes}}
| As of 2018<ref name="World Bank 2018" />
|-
|-
|1995||0||0
| {{flag|Canada}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, as sexual assault, and the government enforced the law effectively.<ref>{{cite web |title=Canada 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277315.htm |archive-url=https://web.archive.org/web/20180422124322/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277315.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|1996||0||0
| {{flag|Cambodia}}<ref name="World Bank 2018" />
| {{yes}}
| Spousal rape is not specifically mentioned in the penal code, but the underlying conduct can be prosecuted as “rape,” “causing injury,” or “indecent assault.” Charges for spousal rape under the penal code and the domestic violence law were rare.<ref>{{cite web |title=Cambodia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277071.htm |archive-url=https://web.archive.org/web/20180422124317/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277071.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|1997||10||2
| {{flag|Cape Verde}}<ref name="World Bank 2018" />
| {{yes}}
| Spousal rape is implicitly covered by the 2001 gender-based violence law; penalties for conviction range from one to five years’ imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=276977#section6women |title=Cabo Verde, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=12 October 2018}}</ref>
|-
|-
|1998||2||0
| {{flag|Central African Republic}}<ref name="UN 2011 Report">{{cite web|url=https://www.theguardian.com/global-development/poverty-matters/2011/jul/06/un-women-legal-rights-data|title=UN Women justice report: get the data|author=Claire Provost|work=the Guardian|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://genderindex.org/country/central-african-republic|title=Gender Equality in Central African Republic - Social Institutions and Gender Index (SIGI)|accessdate=22 August 2015|url-status=dead|archiveurl=https://web.archive.org/web/20150925204429/http://www.genderindex.org/country/central-african-republic|archivedate=25 September 2015}}</ref>
| {{no}}
| As of 2018.<ref name="World Bank 2018" />
|-
|-
|1999||0||0
| {{flag|Chad}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
|-
|2000||2||0
| {{flag|Chile}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalises rape of men or women, including spousal rape. Penalties for rape range from five to 15 years’ imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277317#section6women |title=Chile, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=12 October 2018}}</ref>
|-
|-
|2001||3||0
| {{flag|China}}<ref name="UN 2011 Report" /><ref>{{cite web|title=China: MDG 3: Promote Gender Equality and Empower Woman|url=http://www.mdg5watch.org/index.php?option=com_content&view=article&id=93&Itemid=155#_edn21|accessdate=8 March 2011|author=Asian-Pacific Resource and Research Centre (ARROW)|quote=China has no legal provisions for marital rape and the main reason for this is in deference to a prevailing cultural perception that wives are supposed to submit to their husband's wishes in matters of sexual relations and hence, there is no such concept of ‘rape’ within marriage or ‘rape’ being considered a form of violence within the marriage.|archive-url=https://web.archive.org/web/20101227205334/http://www.mdg5watch.org/index.php?option=com_content&view=article&id=93&Itemid=155#_edn21|archive-date=2010-12-27|url-status=dead}}</ref><ref>"In China, it is difficult to punish an offender for marital rape because the law does not define this behaviour as a crime. … there are no explicit articles in Chinese law that relate to marital rape." {{Cite book | publisher = The Policy Press | isbn = 978-1-84742-621-5 | last = Westmarland | first = Nicole | author2 = Geetanjali Gangoli | title = International Approaches to Rape | date = April 2012 | page = 69}}</ref>
| {{no}}
| The law does not safeguard same-sex couples or victims of marital rape.<ref>{{cite web |title=China (includes Tibet, Hong Kong, and Macau) 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |archive-url=https://web.archive.org/web/20180422124334/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277073.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|2002||0||0
| {{flag|Colombia}}<ref name="World Bank 2018" />
| {{yes}}
| Although prohibited by law, rape, including spousal rape, remained a serious problem.<ref>{{cite web |title=Colombia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277319.htm |archive-url=https://web.archive.org/web/20180422124340/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277319.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|2003||3||1
| {{flag|Comoros}}<ref>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/docid/4b7cee7c26.html |title=Refworld &#124; Honduras: Domestic violence; legislation and protection available to victims (2007-2009) |website=Unhcr.org |date= |accessdate=2016-07-16}}</ref>
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
|-
|2004||2||0
| {{flag|Republic of the Congo}}
| {{no}}
| As of 2017, there were no specific provisions in the law outlawing spousal battery other than general statutes prohibiting assault. Rape is illegal, but the government did not effectively enforce the law, and women's rights groups have reported that spousal rape was common.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=276989#section6women |title=Congo, Republic of the, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=12 October 2018}}</ref>
|-
|-
|2005||7||3
| {{flag|Democratic Republic of Congo}}<ref name="UN 2011 Report" /><ref>{{Cite journal| doi = 10.2105/AJPH.2010.300070| issn = 0090-0036| volume = 101| issue = 6| pages = 1060–1067| last = Peterman| first = Amber| author2 = Tia Palermo| author3 = Caryn Bredenkamp| title = Estimates and Determinants of Sexual Violence Against Women in the Democratic Republic of Congo| journal = American Journal of Public Health| date = June 2011| pmid = 21566049| pmc = 3093289}}</ref>
| {{no}}
| The legal definition of rape does not include spousal rape.<ref>{{cite web |title=Democratic Republic of Congo 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/276987.htm |archive-url=https://web.archive.org/web/20180422124347/https://www.state.gov/j/drl/rls/hrrpt/2017/af/276987.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|2006||6||0
| {{flag|Costa Rica}}<ref name="World Bank 2018" />
| {{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.<ref>{{cite web |title=Costa Rica 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277321.htm |archive-url=https://web.archive.org/web/20180422124353/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277321.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
|2007||6||5
| {{flag|Croatia}}<ref name="World Bank 2018" />
| {{yes}}
| Conviction of rape, including spousal rape, is punishable by up to 15 years imprisonment.<ref>{{cite web |title=Croatia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277151.htm |archive-url=https://web.archive.org/web/20180422124400/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277151.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
!Total||43||11
| {{flag|Cuba}}<ref>{{cite book |title=Cuba Business and Investment Opportunities Yearbook Volume 1 Strategic, Practical Information and Opportunities |date=2016 |publisher=Lulu.com |isbn=9781438776552 |page=55 |url=https://books.google.com/?id=ubnZDAAAQBAJ&pg=PA55&lpg=PA55&dq=spousal+rape+%22cuba%22#v=onepage&q=spousal%20rape%20%22cuba%22&f=false |language=en}}</ref>{{self-published inline|date=February 2020}}
| {{yes}}
|}

| The law specifically criminalizes rape of women, including spousal rape, and separately criminalizes “lascivious abuse” against both genders. The government enforced both laws. Penalties for rape are at least four years’ imprisonment.<ref>{{cite web |title=Cuba 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277323.htm |archive-url=https://web.archive.org/web/20180422124403/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277323.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
'''International goals'''
{| class="wikitable" style="text-align: center;"
|-
|-
! # !! Date !! Venue !! Opponent !! Score !! Result !! Competition
| {{flag|Cyprus}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, with a maximum sentence of life in prison for violations. The government enforced the law effectively.<ref>{{cite web |title=Cyprus 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277153.htm |archive-url=https://web.archive.org/web/20180422124406/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277153.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> Spousal rape is also criminalzed in the area administered by Turkish Cypriots ([[Turkish Republic of Northern Cyprus]]).<ref>{{cite web |title=Cyprus - the Area Administered by Turkish Cypriots 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277155.htm |archive-url=https://web.archive.org/web/20180421055543/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277155.htm |url-status=dead |archive-date=21 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}</ref>
|-
|-
| 1 || 1 October 1997 || [[Stade El Menzah]], [[Tunis]], [[Tunisia]] || {{fb|Tunisia}} || 0–'''2''' || 0–'''3''' || Friendly
| {{flag|Czech Republic}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape, including spousal rape, and provides a penalty of two to 15 years in prison for violations.<ref>{{cite web |title=Czech Republic 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277157.htm |archive-url=https://web.archive.org/web/20180422124414/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277157.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 2 || 12 December 1997 || [[King Fahd Stadium]], [[Riyadh]], [[Saudi Arabia]] || {{fb|Mexico}} || '''1'''–0 || '''3'''–1 || [[1997 FIFA Confederations Cup]]
| {{flag|Denmark}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape against women or men (the statute is gender neutral), including spousal rape, and domestic violence. Penalties for rape include imprisonment for up to 12 years.<ref>{{cite web |title=Denmark 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277159.htm |archive-url=https://web.archive.org/web/20180422124416/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277159.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 3 || 19 August 2003 || [[Lansdowne Road]], [[Dublin]], [[Republic of Ireland]] || {{fb|Republic of Ireland}} || 0–'''1''' || 2–'''1''' || Friendly
| {{flag|Djibouti}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
|-
| 4 || rowspan="2"| 3 September 2005 || rowspan="2"| [[Sydney Football Stadium]], [[Sydney]], [[Australia]] || rowspan="2"| {{fb|Solomon Islands}} || '''2'''–0 || rowspan="2"| '''7'''–0 || rowspan="2"| [[2006 FIFA World Cup qualification (OFC)|2006 FIFA World Cup qualification]]
| {{flag|Dominica}}<ref name="World Bank 2018" />
| {{yes}}
| The Sexual Offences (Amendment) Act 2016 repealed the previous "marital exclusions" of the rape law and introduced a specific marital rape section [s3 (3)] to the Sexual Offences Act.<ref>{{cite web |title=Sexual Offences (Amendment) Act 2016 |url=http://ilo.org/dyn/natlex/docs/ELECTRONIC/104938/128169/F-151352353/DMA104938.pdf |publisher=Commonwealth of Dominica |accessdate=17 October 2018}}</ref>
|-
|-
| 5 || '''3'''–0
| {{flag|Dominican Republic}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, and other forms of violence against women, such as incest and sexual aggression. The sentences for conviction of rape range from 10 to 15 years in prison and a fine of 100,000 to 200,000 pesos.<ref>{{cite web |title=Dominican Republic 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277327.htm |archive-url=https://web.archive.org/web/20180422124425/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277327.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 6 || 9 October 2005 || [[Craven Cottage]], [[London]], [[England]] || {{fb|Jamaica}} || '''3'''–0 || '''5'''–0 || Friendly
| {{flag|East Timor}}<ref name="World Bank 2018" />
| {{yes}}
| Although rape, including marital rape, is a crime punishable by up to 20 years in prison, failures to investigate or prosecute cases of alleged rape and sexual abuse were common.<ref>{{cite web |title=Timor-Leste 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277123.htm |archive-url=https://web.archive.org/web/20180422125120/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277123.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 7 || rowspan="2"| 30 June 2007 || rowspan="2"| [[National Stadium, Singapore|National Stadium]], Singapore City, [[Singapore]] || rowspan="2"| {{fb|Singapore}} || 0–'''1''' || rowspan="2"|0–'''3''' || rowspan="2"|Friendly
| {{flag|Ecuador}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape and domestic violence. Rape is punishable with penalties of up to 22 years in prison.<ref>{{cite web |title=Ecuador 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277329.htm |archive-url=https://web.archive.org/web/20180422124428/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277329.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 8 || 0–'''3'''
| {{flag|Egypt}}
| {{no}}
| The law prohibits rape, prescribing criminal penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal,<ref>{{cite web |title=Egypt 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277239.htm |archive-url=https://web.archive.org/web/20180422124431/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277239.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref name="UN 2011 Report" /><ref name=Warrick>{{Cite book | publisher = Ashgate Pub. | isbn = 978-0-7546-7587-7<!-- 0754675874--> | last = Warrick | first = Catherine. | title = Law in the service of legitimacy: Gender and politics in Jordan | location = Farnham, Surrey, England; Burlington, Vt. | year = 2009 }}</ref> based on a 1928 [[Judiciary of Egypt#Courts|Court of Cassation]] ruling that ''"a wife cannot withhold sex from her husband without a valid reason according to [[sharia]]".''<ref>{{cite web |title=Egypt |url=http://sexualrightsdatabase.org/static/country-357.html |website=National Sexual Rights Law and Policy Database |accessdate=15 October 2018 |language=en}}</ref><ref>{{cite web |title=B. The State's Response to Sexual Violence {{!}} Egyptian Initiative for Personal Rights |url=http://eipr.org/en/report/2010/03/01/593/603 |website=Egyptian Initiative of Personal Rights |accessdate=15 October 2018 |archiveurl=https://web.archive.org/web/20160109013100/http://eipr.org/en/report/2010/03/01/593/603 |archivedate=9 January 2016}}</ref>
|-
|-
| 9 || 13 July 2007 || [[Rajamangala National Stadium]], [[Bangkok]], [[Thailand]] || {{fb|Iraq|2004}} || '''1'''–1 || '''1'''–3 || [[2007 AFC Asian Cup]]
| {{flag|El Salvador}}
| {{dunno|Unclear}}
| Marital rape is not specifically addressed by statue. The World Bank's 2018 " "Women, Business and the Law" report states that the country's general rape laws apply to marital rape.<ref name="World Bank 2018" /> The 2017 El Salvador Country Report on Human Rights Practices suggests this is only at a judge's discretion.<ref>{{cite web |title=El Salvador 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277331.htm |archive-url=https://web.archive.org/web/20180422124435/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277331.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}</ref> An earlier (2011) report, the "UN Womens Justice Report" states there are no laws covering marital rape.<ref name="UN 2011 Report"/>
|-
|-
| 10 || rowspan="2"| 21 July 2007 || rowspan="2"| [[Rajamangala National Stadium]], [[Bangkok]], [[Thailand]] || rowspan="2"| {{fb|Thailand}} || 0–'''2''' || rowspan="2"| 0–'''4''' || rowspan="2"| [[2007 AFC Asian Cup]]
| {{flag|Equatorial Guinea}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Eritrea}}
| {{no}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Estonia}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and physical abuse, including domestic violence. The penalty for rape, including spousal rape, is imprisonment for up to 15 years.<ref>{{cite web |title=Estonia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277161.htm |archive-url=https://web.archive.org/web/20180422124442/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277161.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Eswatini|name=Eswatini (Swaziland)}}<ref name=Stefiszyn>"In the sexual offences legislation of Namibia, Lesotho, Swaziland, and South Africa, rape within marriage is illegal." {{Citation | publisher = UN. Expert Group Meeting on good practices in legislation on violence against women. | last = Stefiszyn | first = Karen | title = A Brief Overview of Recent Developments in Sexual Offences Legislation in Southern Africa | date = 2008-05-12 | page = 4 }}</ref>
| {{yes}}
|
|-
| {{flag|Ethiopia}}<ref name=FBanda>Fareda Banda, [http://www.ohchr.org/Documents/Publications/laws_that_discriminate_against_women.pdf Project on a Mechanism to Address Laws that Discriminate Against Women], Office of the High Commissioner for Human Rights – Women's Rights and Gender Unit, 6 March 2008, pp. 85-87.</ref>
| {{no}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Fiji}}<ref name="World Bank 2018" />
| {{yes}}
| Rape (including spousal rape), domestic abuse, incest, and indecent assault were significant problems; there was a large increase in the reported number of rape cases this year, due at least in part to greater awareness that a spouse can be charged with rape of his/her partner. The law provides for a maximum punishment of life imprisonment for rape. The law recognizes spousal rape as a specific offense.<ref>{{cite web |title=Fiji 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277081.htm |archive-url=https://web.archive.org/web/20180422124449/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277081.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Finland}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to four years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe.<ref>{{cite web |title=Finland 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277163.htm |archive-url=https://web.archive.org/web/20180422124452/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277163.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|France}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and domestic violence, and the government generally enforced the law effectively. The penalty for rape is 15 years’ imprisonment, which may be increased. The government and NGOs provided shelters, counseling, and hotlines for rape survivors.<ref>{{cite web |title=France 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277165.htm |archive-url=https://web.archive.org/web/20180422124454/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277165.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Gabon}}
| {{yes}}
| As of 2018<ref name="World Bank 2018" />
|-
| {{flag|Gambia}}<ref name="World Bank 2018" />
| {{no}}
| Spousal rape is not illegal and was widespread;, police generally considered it a domestic issue outside its jurisdiction.<ref>{{cite web |title=Gambia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277003.htm |archive-url=https://web.archive.org/web/20180422124502/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277003.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Georgia (country)|name=Georgia}}<ref name="UNIFEM-2003" />
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Germany}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and provides penalties of up to 15 years in prison.<ref>{{cite web |title=Germany 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277169.htm |archive-url=https://web.archive.org/web/20180422124507/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277169.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Ghana}}
| {{yes}}
| As of 2018<ref name="World Bank 2018" />
|-
| {{flag|Greece}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a crime punishable by penalties ranging from five to 20 years’ imprisonment.<ref>{{cite web |title=Greece 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277171.htm |archive-url=https://web.archive.org/web/20180422124512/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277171.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Grenada}}<ref name="World Bank 2018" /><ref>{{cite web |title=Grenada 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277333.htm |archive-url=https://web.archive.org/web/20180422124517/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277333.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| {{yes}}
| Marital rape was criminalized in a 2012 amendment to the Criminal Code.<ref>{{cite web |title=GRENADA - REPORT ON THE IMPLEMENTATION OF THE RECOMMENDATIONS FROM THE CEVI SECOND ROUND |url=https://www.oas.org/es/MESECVI/docs/MESECVI-I-CE-doc.20.ing.Grenada%20Report.pdf |website=www.oas.org |publisher=OAS - Organization of American States: Democracy for peace, security, and development |accessdate=18 October 2018 |language=en |date=15 August 2015}}</ref>
|-
| {{flag|Guatemala}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, and sets penalties between five and 50 years in prison. Police had minimal training or capacity to investigate sexual crimes or assist survivors of such crimes, and the government did not enforce the law effectively.<ref>{{cite web |title=Guatemala 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277335.htm |archive-url=https://web.archive.org/web/20180422124521/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277335.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Guinea}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Guinea-Bissau}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape, including spousal rape, and provides penalties for conviction of two to 12 years in prison; however, the government did not effectively enforce the law.<ref>{{cite web |title=Guinea-Bissau 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277009.htm |archive-url=https://web.archive.org/web/20180422124531/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277009.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Guyana}}<ref name="World Bank 2018" /><ref>{{cite web |title=Guyana 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277337.htm |archive-url=https://web.archive.org/web/20180422124535/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277337.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
| {{yes}}
| Marital rape was criminalised by the Sexual Offenses Act 2010.<ref>"In May 2010, the Sexual Offenses Act was signed into law, which makes rape gender-neutral and expands its definition to include spousal rape and coercion and child abuse." {{Cite book | publisher = Rowman & Littlefield | isbn = 978-1-4422-0994-7 | last = Freedom House | title = Freedom in the World 2011: The Annual Survey of Political Rights and Civil Liberties | date = 2011-11-23 | page = 285}}</ref>
|-
| {{flag|Haiti}}<ref>{{cite web|last=Klasing|first=Amanda|title=A chance for Congress to help Haitian women|url=https://www.hrw.org/news/2012/01/24/chance-congress-help-haitian-women|work=Human Rights Watch|accessdate=10 May 2012|date=24 January 2012|quote=The penal code includes penalties for rape but does not address marital rape.}}</ref>
| {{no}}
| While the law prohibits rape of men or women, it does not recognize spousal rape as a crime.<ref>{{cite web |title=Haiti 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277339.htm |archive-url=https://web.archive.org/web/20180422124538/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277339.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Honduras}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes all forms of rape of men or women, including spousal rape,<ref>{{cite web |title=Honduras 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277341.htm |archive-url=https://web.archive.org/web/20180422124540/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277341.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> but unlike other rapes is not a "public crime" and thereby requires the survivors to complain for prosecution to occur.<ref>{{Cite book | publisher = OECD Publishing | isbn = 978-92-64-07747-8 | last = OECD | title = Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries | date = 2010-02-22 | page = 119}}</ref>
|-
| {{flag|Hong Kong}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Hungary}}<ref name="World Bank 2018" />
| {{yes}}
| Rape of men or women, including spousal rape, is illegal.<ref>{{cite web |title=Hungary 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277173.htm |archive-url=https://web.archive.org/web/20180422124543/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277173.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Iceland}}<ref name="UNIFEM-2003" />
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|India}}<ref name="World Bank 2018" />
| {{no}}
| {{see also|Rape in India#Marital rape|Violence against women in India#Marital rape}} The law criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.<ref>{{cite web |title=India 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277281.htm |archive-url=https://web.archive.org/web/20180422124549/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277281.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref>"Article 375 of Indian Penal Code, wherein the definition of rape is provided, has explicitly excluded sexual acts by a man with his wife as long as she is not below sixteen years of age"</ref> However, until 2017, men married to those between 15 and 18 could not be convicted of rape. Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.<ref>{{Cite web|url=https://www.livelaw.in/marital-rape-married-married-separated-unmarried-classifying-rape-victims-unconstitutional-petitioners-submit-delhi-hc-read-written-submissions/|title=Marital Rape: Married, Married But Separated, & Unmarried-Classifying Rape Victims Is Unconstitutional: Petitioners Submit Before Delhi HC [Read Written Submissions]|last=jain|first=akanksha|date=2018-01-17|website=www.livelaw.in|access-date=2019-03-23}}</ref> According to the Protection of Women From Domestic Violence Act (2005), other married women subject to "sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman” by their husband may demand for financial compensation including regular allowances and child custody. They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes. However, marital rape is still not a criminal offence in this case and is only a misdemeanour.<ref>{{Cite web|url=https://www.vakilno1.com/bareacts/domestic-violence/domestic-violence-act-2005.html|title=The Protection of Women From Domestic Violence Act, 2005|language=en-US|access-date=2019-03-23}}</ref>
|-
| {{flag|Indonesia}}<ref name="World Bank 2018" />
| {{yes}}
| Marital rape is not a specific criminal offense under the penal code, but it is covered under “forced sexual intercourse” in national legislation on domestic violence, and it can be punished with criminal penalties.<ref>{{cite web |title=Indonesia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277083.htm |archive-url=https://web.archive.org/web/20180422124552/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277083.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref>the law on rape contains an exemption: it reads ''Article 285'': "''Any person who by using force or threat of force forces a woman to have sexual intercourse with him '''out of marriage''', shall, being guilty of rape, shall be punished with a maximum imprisonment of twelve years''."[https://www.unodc.org/res/cld/document/idn/indonesian_penal_code_html/I.1_Criminal_Code.pdf] Nevertheless, marital rape can be considered a form of domestic violence under the ''Law Regarding the Elimination of Violence in the Household, 2004''.[https://www.wcwonline.org/pdf/lawcompilation/Indonesia-Regarding-Elimination-of-Violence-in-Household.pdf]</ref>
|-
| {{flag|Iran}}<ref name="World Bank 2018" /><ref>{{Cite book | publisher = The Policy Press | isbn = 978-1-84742-620-8 | last = Westmarland | first = Nicole | author2 = Geetanjali Gangoli | title = International Approaches to Rape | date = 2011-04-06 }}</ref>
| {{no}}
| Rape is illegal and subject to strict penalties, including death, but it remained a problem. The law considers sex within marriage consensual by definition and, therefore, does not address spousal rape, including in cases of forced marriage.<ref>{{cite web |title=Iran 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277241.htm |archive-url=https://web.archive.org/web/20180422124555/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277241.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Iraq}}<ref>{{cite web|url=http://america.aljazeera.com/articles/2014/4/27/iraqi-shiites-protestproposedfamilylaw.html|title=Iraqi law would legalize marital rape, child marriage for country's Shia|accessdate=14 July 2016}}</ref>
| {{no}}
| The law criminalizes rape (but not spousal rape) and permits a maximum sentence of life imprisonment if the victim dies. The law allows authorities to drop a rape case if the perpetrator marries the victim.<ref>{{cite web |title=Iraq 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277243.htm |archive-url=https://web.archive.org/web/20180422124557/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277243.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Ireland}}<ref name="World Bank 2018" /><ref name="Temkin86"/>
| {{yes}}
| The law criminalizes rape, including spousal rape, and the government enforced the law. Most persons convicted received prison sentences of five to 12 years.<ref>{{cite web |title=Ireland 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277177.htm |archive-url=https://web.archive.org/web/20180422124602/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277177.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Israel}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a felony punishable by 16 years in prison, or up to 20 years’ imprisonment for rape under aggravated circumstances or if the perpetrator rapes or commits a sexual offense against a relative. The government effectively enforced rape laws.<ref>{{cite web |title=Israel 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277245.htm |archive-url=https://web.archive.org/web/20180422124605/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277245.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Italy}}<ref name="World Bank 2018" />
| {{yes}}
| The prescribed penalty for rape, including spousal rape, is five to 12 years in prison.<ref>{{cite web |title=Italy 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277179.htm |archive-url=https://web.archive.org/web/20180422124610/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277179.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Ivory Coast}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Jamaica}}<ref name="World Bank 2018" /><ref name="Postcolonial" />
| {{no}}
| The law criminalizes spousal rape only when spouses have separated or begun proceedings to dissolve the marriage; when the husband is under a court order not to molest or cohabit with his wife; or when the husband knows he suffers from a sexually transmitted infection.<ref>{{cite web |title=Jamaica 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277343.htm |archive-url=https://web.archive.org/web/20180422124613/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277343.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Japan}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes all forms of rape involving force against women. The law does not deny spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.).<ref>{{cite web |title=Japan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277085.htm |archive-url=https://web.archive.org/web/20180422124617/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277085.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Jordan}}<ref name="World Bank 2018" />
| {{no}}
| The law stipulates a sentence of at least 10 years of imprisonment with hard labor for the rape of a girl or woman 15 years of age or older. Spousal rape is not illegal.<ref>{{cite web |title=Jordan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277249.htm |archive-url=https://web.archive.org/web/20180422124622/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277249.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Kazakhstan}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape. The punishment for rape, including spousal rape, ranges from three to 15 years’ imprisonment. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.<ref>{{cite web |title=Kazakhstan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277283.htm |archive-url=https://web.archive.org/web/20180422124627/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277283.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Kenya}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, defilement, sexual violence within marriage, but enforcement remained limited.<ref>{{cite web |title=Kenya 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277011.htm |archive-url=https://web.archive.org/web/20180422124630/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277011.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Kiribati}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a crime, with a maximum penalty of life in prison, but sentences typically were much shorter.<ref>{{cite web |title=Kiribati 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277087.htm |archive-url=https://web.archive.org/web/20180422124632/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277087.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Kosovo}}<ref>{{cite web |last1=Krol |first1=Paula |title=Mapping support services for victims of violence against women in Kosovo |url=https://rm.coe.int/seminar-pristina-report-eng/16807316df |publisher=Council of Europe |accessdate=14 October 2018 |date=10 June 2017}}</ref>
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|North Korea}}
| {{no}}
| As of 2018.<ref>{{cite web |title=Concluding observations on the combined second to fourth periodic reports of the Democratic People's Republic of Korea |url=http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhss1YTn0qfX85YJz37paIgUC4GlDOo54H4CGBtokUELP2TQCVNObF9yMwJ9p5ySKAJVGHsc1SrFerbsOFTgItNV8Oj%2fQmztLeNTPpHJmkaObK3b%2buBCZU6unOKyOepz%2bskQ%3d%3d |publisher=Office of the United Nations High Commissioner for Human Rights |accessdate=14 October 2018 |date=17 November 2017}}</ref>
|-
| {{flag|South Korea}}<ref name="World Bank 2018" />
| {{yes}}
| Although no specific statute defines spousal rape as illegal, the Supreme Court acknowledged marital rape as illegal. The penalty for rape ranges from a minimum of three years’ to life imprisonment depending on the specific circumstances.<ref>{{cite web |title=South Korea 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277091.htm |archive-url=https://web.archive.org/web/20180422124638/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277091.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref name=WSKorea>{{cite web|url=http://womensphere.wordpress.com/2009/02/24/marital-rape-ruling-seen-as-move-to-protect-spousal-right-to-sex-korea/ |title=Marital Rape – Ruling Seen as Move to Protect Spousal Right to Sex – Korea « womensphere |publisher=Womensphere.wordpress.com |date=2009-02-24 |accessdate=2012-05-14}}</ref>
|-
| {{flag|Kuwait}}<ref>{{cite web |title=World Report 2018: Rights Trends in Kuwait |url=https://www.hrw.org/world-report/2018/country-chapters/kuwait |website=Human Rights Watch |accessdate=15 October 2018 |language=en |date=20 December 2017}}</ref>
| {{no}}
| Rape carries a maximum penalty of death, which the courts occasionally imposed for the crime; spousal rape and domestic violence are not considered crimes.<ref>{{cite web |title=Kuwait 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277251.htm |archive-url=https://web.archive.org/web/20180422124647/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277251.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Kyrgyzstan}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal, but the government failed to enforce the law effectively. Police generally regarded spousal rape as an administrative, rather than a criminal, offense.<ref>{{cite web |title=Kyrgyz Republic 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277285.htm |archive-url=https://web.archive.org/web/20180422124650/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277285.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Laos}}<ref>{{cite web|title=Lao People's Democratic Republic boasts new legislation, machinery to improve women's lot, but expert committee faults rape, domestic violence policies|url=https://www.un.org/News/Press/docs/2009/wom1743.doc.htm|accessdate=8 March 2011|author=UN Committee on Elimination of Discrimination against Women|location=WOM/1743|date=24 July 2009}}</ref>
| {{no}}
| Domestic violence is illegal, but there is no law against marital rape, and domestic violence often went unreported due to social stigma.<ref>{{cite web |title=Laos 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277093.htm |archive-url=https://web.archive.org/web/20180422124653/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277093.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Latvia}}<ref name="World Bank 2018" />
| {{yes}}
| Spousal rape is explicitly considered rape with “aggravated circumstances.”<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277183#section6women |title=Latvia, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref><ref name="Analytical study" />
|-
| {{flag|Lebanon}}
| {{yes-no}}
| Article 503 of the Penal Code defines rape as “forced sexual intercourse [against someone] who is not his wife by violence or threat.”<ref name="HRW-Lebanon">{{cite web |title=Lebanon: Reform Rape Laws |url=https://www.hrw.org/news/2016/12/19/lebanon-reform-rape-laws |website=Human Rights Watch |accessdate=15 October 2018 |language=en |date=19 December 2016}}</ref> In May 2014 the Protection of Women and Other Family Members from Domestic Violence Law added new offences of the use of threats or violence to claim a “marital right to intercourse.”<ref name="HRW-Lebanon" /><ref>{{cite web |title=Concluding observations on the combined fourth and fifth periodic reports of Lebanon |url=http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsvxlfhYepfIYmW0eRMA3oVtimbukXccxL6Zg4NPmgHnzkQR8tyVneRaNTsbM%2fCc0YAig%2bZ5Qn1nyCXkVoeUAibsLrn%2bwnPaKvpvcgah5XnniXWZHH8%2fhLP1I%2bKMUJM4CnA%3d%3d |publisher=OHCR |accessdate=15 October 2018 |date=November 2015}}</ref><ref>{{cite web |title=Lebanon 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277253.htm |archive-url=https://web.archive.org/web/20180422124658/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277253.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}</ref>
|-
| {{flag|Lesotho}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes the rape of women or men, including spousal rape, and domestic violence. Rape convictions carry a minimum sentence of 10 years’ imprisonment.<ref>{{cite web |title=Lesotho 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277013.htm |archive-url=https://web.archive.org/web/20180422124704/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277013.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Liberia}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Libya}}<ref name="World Bank 2018" /><ref>{{cite web |title=Country Policy and Information Note - Libya: Women |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677541/Libya_-_Women_-_CPIN_-_v2_0.pdf |publisher=UK Home Office |accessdate=16 October 2018 |page=7.3.2 |date=January 2018}}</ref>
| {{no}}
| The law criminalizes rape but does not address spousal rape. By law a convicted rapist may avoid a 25-year prison sentence by marrying the survivor, regardless of her wishes—provided her family consents.<ref>{{cite web |title=Libya 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277255.htm |archive-url=https://web.archive.org/web/20180422124711/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277255.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Liechtenstein}}<ref name="UNIFEM-2003" />
| {{yes}}
| Rape, including spousal rape, is a criminal offense. Penalties for rape and sexual violence vary between one and 15 years’ imprisonment, depending on the degree of violence and humiliation of the victim, and between 10 years’ and lifetime imprisonment if the victim is killed.<ref>{{cite web |title=Liechtenstein 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277185.htm |archive-url=https://web.archive.org/web/20180422124715/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277185.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Lithuania}}
| {{yes}}
| Rape and domestic violence are criminal offenses, and although no law specifically criminalises spousal rape,<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277187#section6women |title=Lithuania, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref> a wife can file a complaint against her husband for rape or sexual assault under Article 149 of the Criminal Code.<ref>{{Cite web |url=http://wbl.worldbank.org/en/data/exploreeconomies/lithuania/2017 |title=Lithuania, § Protecting women from violence |work=Women, Business and the Law report 2017 |publisher=World Bank |date=2017 |accessdate=13 October 2018}}</ref>
|-
| {{flag|Luxembourg}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape, including spousal rape, and the government enforced the law effectively. Penalties for violations range from five to 10 years’ imprisonment.<ref>{{cite web |title=Luxembourg 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277189.htm |archive-url=https://web.archive.org/web/20180422124721/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277189.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Madagascar}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Malawi}}<ref name=Stefiszyn />
| {{yes}}
| The Marriage, Divorce, and Family Relations Act enacted in 2015 explicitly introduces the concept of spousal rape, but the act does not prescribe specific penalties and applies only to legally separated spouses. Spousal rape may be prosecuted under the rape provisions of the penal code.<ref>{{cite web |title=Malawi 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277019.htm |archive-url=https://web.archive.org/web/20180422124729/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277019.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Malaysia}}
| {{yes-no}}
| The concept of rape within marriage is not recognised. However, if a man "uses harm or the threat of violence to obtain sex from his wife, or any other person", he may be imprisoned up to five years if convicted according to Section 375A of the Penal Code (adopted on 7 September 2007).<ref>{{cite web|url=http://www.awam.org.my/rape.html|archive-url=https://archive.today/20160506131949/http://www.awam.org.my/rape.html|url-status=dead|archive-date=6 May 2016|title=AWAM : All Women's Action Society Malaysia|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://www.themalaymailonline.com/malaysia/article/marital-rape-will-remain-non-crime-law-minister-announces|title=Marital rape will remain non-crime, law minister announces|accessdate=22 August 2015}}</ref><ref>{{cite web|url=http://www.malaysiakini.com/letters/301618|title=Remove exception to marital rape in the law|accessdate=22 August 2015}}</ref>
|-
| {{flag|Maldives}}<ref name="World Bank 2018" />
| {{no}}
| The Sexual Offences Act (Act 17/2014) excludes marital rape, except in very narrow circumstances such as the couple are legally separated or one has a [[Sexually transmitted infection|STI]].<ref>{{cite web |title=Maldives |url=http://sexualrightsdatabase.org/static/country-441.html |website=sexualrightsdatabase.org |accessdate=16 October 2018 |language=en}}</ref><ref>{{cite web |title=Cleric apologises for marital rape comment |url=https://maldivestimes.com/cleric-apologises-for-marital-rape-comment/ |website=Maldives Times |accessdate=16 October 2018 |date=23 January 2018}}</ref>
|-
| {{flag|Mali}}<ref name="World Bank 2018" />
| {{yes}}
| No law specifically prohibits spousal rape, but law enforcement officials stated criminal laws against rape apply to spousal rape.<ref>{{Cite web |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277021.htm |archive-url=https://web.archive.org/web/20180422124738/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277021.htm |url-status=dead |archive-date=2018-04-22 |title=Mali, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}{{PD-notice}}</ref>
|-
| {{flag|Malta}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including, spousal rape, carries a sentence of up to nine years in prison with increased penalties in aggravated circumstances.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277193#section6women |title=Malta, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
|-
| {{flag|Marshall Islands}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and establishes penalties of up to 25 years’ imprisonment for first-degree sexual assault.<ref>{{cite web |title=Marshall Islands 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277097.htm |archive-url=https://web.archive.org/web/20180422124745/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277097.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Mauritania}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal. Rapists who are single men face penalties of forced labor and whipping, and married rapists are subject to the death penalty.<ref>{{Cite web |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277023.htm |archive-url=https://web.archive.org/web/20180422124748/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277023.htm |url-status=dead |archive-date=2018-04-22 |title=Mauritania, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}{{PD-notice}}</ref>
|-
| {{flag|Mauritius}}<ref name="World Bank 2018" />
| {{yes}}
| Amendments to the Protection from Domestic Violence Act (PDVA) came into force in September 2016. The amendments redefine the term “spouse” to include unmarried couples of the opposite sex; redefine “domestic violence” to include verbal, psychological, economic, and sexual abuses. Although the amendments do not mention spousal rape, section 2.d. stipulates that a spouse cannot force or threaten the other partner into a sexual act “from which the spouse or the other person has the right to abstain.”<ref>{{Cite web |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277025.htm |archive-url=https://web.archive.org/web/20180422124751/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277025.htm |url-status=dead |archive-date=2018-04-22 |title=Mauritius, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}{{PD-notice}}</ref>
|-
| {{flag|Mexico}}<ref name="World Bank 2018" />
| {{yes}}
| Federal law criminalizes rape of men or women, including spousal rape, and conviction carries penalties of up to 20 years’ imprisonment. Twenty-four states have laws criminalizing spousal rape.<ref>{{cite web |title=Mexico 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277345.htm |archive-url=https://web.archive.org/web/20180422124754/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277345.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Federated States of Micronesia}}
| {{no}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Moldova}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape or forcible sexual assault and establishes penalties for violations ranging from three years to life in prison. The law also criminalizes spousal rape.<ref>{{cite web |title=Moldova 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277195.htm |archive-url=https://web.archive.org/web/20180422124759/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277195.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Monaco}}
| {{yes}}
| Rape, including spousal rape, is a criminal offense with penalties of five, 10, and up to 20 years in prison, depending on the type of offense.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277197#section6women |title=Monaco, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref><ref name="Analytical study" />
|-
| {{flag|Mongolia}}<ref name="World Bank 2018" />
| {{yes}}
| The criminal code outlaws sexual intercourse through physical violence, or threat of violence, and provides for sentences of one to 20 years’ imprisonment or life imprisonment, depending on the circumstances. Under the new criminal code, spousal rape was criminalized.<ref>{{cite web |title=Mongolia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277101.htm |archive-url=https://web.archive.org/web/20180422124805/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277101.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Montenegro}}<ref name="World Bank 2018" />
| {{yes}}
| In most cases the penalty provided by law for rape, including spousal rape, is one to 10 years in prison. In practice, the average conviction resulted in 3 years.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277199#section6women |title=Montenegro, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref><ref name="Analytical study" />
|-
| {{flag|Morocco}}
| {{no}}
| Spousal rape is not a crime.<ref>{{cite web |title=Morocco 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277257.htm |archive-url=https://web.archive.org/web/20180422124811/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277257.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> "Hakkaoui Law" (named after Minister for Family Affairs and Women's Issues, [[Bassima Hakkaoui]], criminalising violence against women has came into force in September 2018 but failed to address marital rape.<ref>{{cite web |title=Morocco bans forced marriage and harassment |url=https://www.bbc.co.uk/news/world-africa-45496337 |website=BBC News |accessdate=16 October 2018 |date=12 September 2018}}</ref><ref>{{cite web |title=Marital Rape Is Still Legal in Morocco Despite Brand New Domestic Violence Law |url=https://www.globalcitizen.org/en/content/morocco-violence-women-dv-rape-law/ |website=Global Citizen |accessdate=16 October 2018 |date=1 March 2018}}</ref>
|-
| {{flag|Mozambique}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and domestic violence. Penalties for conviction range from two to eight years’ imprisonment if the victim is 12 years of age or older and 20 to 24 years’ imprisonment if the victim is under 12.<ref>{{cite web |title=Mozambique 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277027.htm |archive-url=https://web.archive.org/web/20180422124818/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277027.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Myanmar}}<ref name="World Bank 2018" />
| {{no}}
| Spousal rape is not a crime unless the wife is younger than 13 years.<ref>{{cite web |title=Burma 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277069.htm |archive-url=https://web.archive.org/web/20180422124308/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277069.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Namibia}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men and women, including spousal rape. By law rape is defined as the commitment of any sexual act under coercive circumstances. The courts tried numerous cases of rape during the year, and the government generally enforced court sentences providing between five and 45 years’ imprisonment for those convicted.<ref>{{cite web |title=Namibia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277029.htm |archive-url=https://web.archive.org/web/20180422124825/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277029.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Nauru}}<ref>{{cite web |title=Nauru legalizes homosexuality, criminalizes marital rape and slavery |url=https://www.reuters.com/article/us-nauru-lgbt-lawmaking-idUSKCN0YM0AF |website=Reuters |accessdate=14 October 2018 |date=31 May 2016}}</ref>
| {{yes}}
| Rape is a crime and carries a maximum penalty of 25 years’ imprisonment. The 2016 Crimes Act specifically applies penalties for rape of married and de facto partners.<ref>{{cite web |title=Nauru 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277103.htm |archive-url=https://web.archive.org/web/20180422124834/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277103.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Nepal}}<ref name="World Bank 2018" />
| {{yes}}
| Section 219 (4) of the 2017 Criminal Code Bill states, “If a man rapes his wife when he is still in marital relationship with her, he shall be sentenced to up to five years in jail.”.<ref>{{cite web |title=New law sets five-year jail term for marital rape |url=https://thehimalayantimes.com/kathmandu/new-law-sets-five-year-jail-term-marital-rape/ |website=The Himalayan Times |accessdate=16 October 2018 |date=29 October 2017}}</ref> Marital rape was also criminalised under the previous Criminal Code.<ref name="UNIFEM-2003" />
|-
| {{flag|Netherlands}}<ref name="World Bank 2018" />
| {{yes}}
| The law in all parts of the kingdom criminalizes rape, including spousal rape, and domestic violence. The penalty is imprisonment not exceeding 12 years, a fine not exceeding 78 thousand euros ($93,600), or both. In case of violence against a spouse, the penalty for various forms of abuse can be increased by one-third.<ref>{{cite web |title=Netherlands 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277201.htm |archive-url=https://web.archive.org/web/20180422124841/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277201.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|New Zealand}}<ref name="World Bank 2018" /><ref name="Temkin86"/><ref>{{cite web |title= 128 Sexual violation defined – Crimes Act 1961 No 43 (as at 7 November 2015) |url= http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM329051.html |publisher= New Zealand Legislation |date= 7 November 2015 |accessdate= 15 March 2016}}</ref>
| {{yes}}
| The law criminalizes rape, including spousal rape. The maximum penalty is 20 years’ imprisonment.<ref>{{cite web |title=New Zealand 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277105.htm |archive-url=https://web.archive.org/web/20180422124846/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277105.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Nicaragua}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes all forms of rape of men or women, regardless of the relationship between the victim and the accused. Sentences for those convicted of rape range from eight to 12 years’ imprisonment.<ref>{{cite web |title=Nicaragua 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277347.htm |archive-url=https://web.archive.org/web/20180422124849/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277347.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Niger}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Nigeria}}
| {{no}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|North Macedonia|name=North Macedonia}}<ref name="World Bank 2018" />
| {{yes}}
| The penalties for rape, including spousal rape, range from one to 15 years’ imprisonment.<ref>{{Cite web |url=https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2017&dlid=277191#section6women |title=Macedonia, Section 6. § Women |author=Bureau of Democracy, Human Rights and Labor |work=Country Reports on Human Rights Practices for 2017 |publisher=U.S. Department of State |date=2017 |accessdate=9 October 2018}}</ref>
|-
| {{flag|Norway}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and the government generally enforced the law. The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the victim, and the circumstances in which the crime occurred.<ref>{{cite web |title=Norway 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277203.htm |archive-url=https://web.archive.org/web/20180422124857/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277203.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Oman}}<ref name="World Bank 2018" />
| {{no}}
| The law criminalizes rape with penalties of up to 15 years in prison but does not criminalize spousal rape.<ref>{{cite web |title=Oman 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277259.htm |archive-url=https://web.archive.org/web/20180422124900/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277259.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Pakistan}}
| {{dunno|Unclear}}
| The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 included in its definition of rape "to whom he or she is not validly married". This ordinance was repealed by the [[Women's Protection Bill|Protection of Women (Criminal Laws Amendment) Act, 2006]] and rape was now defined in Section 375 of the Penal Code. The new definition did not include a reference to marriage. It was argued that the intent was to include marital rape in the offence.<ref name="Khan" /><ref>{{cite web |last1=Rao |first1=Hamza |title=Marital rape: Is it criminalized in Pakistan? |url=https://en.dailypakistan.com.pk/opinion/blog/marital-rape-is-it-criminalized-in-pakistan/ |website=Daily Pakistan Global |accessdate=16 October 2018 |date=31 August 2017}}</ref> However, as of February 2015, there were no reports of a case being brought before a superior court to clarify the law.<ref name="Khan">{{cite web |last1=Khan |first1=Myra |title=Rape Laws in Pakistan |url=https://lawyereadia.wordpress.com/2015/02/20/rape-laws-in-pakistan/ |website=The Legal Brief |accessdate=16 October 2018 |date=20 February 2015}}</ref>
|-
| {{flag|Palau}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a crime punishable by a maximum 25 years’ imprisonment, a fine of $50,000 (national currency is U.S. dollar), or both.<ref>{{cite web |title=Palau 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277107.htm |archive-url=https://web.archive.org/web/20180422124912/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277107.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|State of Palestine|name=Palestine}}<ref>{{cite web|url=http://www.thecuttingedgenews.com/index.php?article=53892|title=The Cutting Edge News|accessdate=14 July 2016}}</ref>
| {{no}}
| As of 2018<ref>{{cite web |title=Palestine: 'Marry-Your-Rapist' Law Repealed |url=https://www.hrw.org/news/2018/05/10/palestine-marry-your-rapist-law-repealed |website=Human Rights Watch |accessdate=18 October 2018 |language=en |date=10 May 2018}}</ref>
|-
| {{flag|Panama}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, with prison terms of five to 10 years.<ref>{{cite web |title=Panama 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277349.htm |archive-url=https://web.archive.org/web/20180422124915/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277349.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Papua New Guinea}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a crime punishable by imprisonment ranging from 15 years to life. The legal system allows village chiefs to negotiate the payment of compensation in lieu of trials for rapists.<ref>{{cite web |title=Papua New Guinea 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277109.htm |archive-url=https://web.archive.org/web/20180422124919/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277109.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Paraguay}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, and provides penalties of up to 10 years in prison for rape or sexual assault.<ref>{{cite web |title=Paraguay 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277351.htm |archive-url=https://web.archive.org/web/20180422124922/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277351.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Peru}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, with penalties of six to eight years in prison.<ref>{{cite web |title=Peru 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277353.htm |archive-url=https://web.archive.org/web/20180422124924/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277353.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Philippines}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal, with penalties ranging from 12 to 40 years’ imprisonment.<ref>{{cite web |title=Philippines 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277111.htm |archive-url=https://web.archive.org/web/20180422124927/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277111.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> An anti-rape law covering marital rape was passed in 1997.<ref name=ARROW2011>{{cite book|title=Reclaiming & Redefining Rights: Thematic Studies Series 1: Sexuality & Rights in Asia|year=2011|publisher=ARROW|location=Kuala Lumpur, Malaysia|url=http://arrow.org.my/wp-content/uploads/2015/04/Reclaiming-Redefining-Rights_-Thematic-Study_Sexuality-and-Rights-in-Asia_2012.pdf|author=Asian-Pacific Resource & Research Centre for Women (ARROW)|pages=22–23}}</ref><ref name="UNIFEM-2003" />
|-
| {{flag|Poland}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal and punishable by up to 12 years in prison.<ref>{{cite web |title=Poland 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277205.htm |archive-url=https://web.archive.org/web/20180422124929/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277205.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Portugal}}<ref name="World Bank 2018" />
| {{yes}}
| The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment.<ref>{{cite web |title=Portugal 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277207.htm |archive-url=https://web.archive.org/web/20180422124933/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277207.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Peru}}<ref>{{cite web |url=http://genderindex.org/country/peru#_ftn8 |title=Gender Equality in Peru &#124; Social Institutions and Gender Index (SIGI) |website=Genderindex.org |accessdate=2016-07-16 |url-status=dead |archiveurl=https://web.archive.org/web/20160603091506/http://www.genderindex.org/country/peru#_ftn8 |archivedate=2016-06-03 }}</ref><ref>{{cite web|url=http://www.refworld.org/docid/5339288f4.html|title=Refworld - Peru: Domestic violence, including legislation; state protection and services available to victims (2011-February 2014)|author=United Nations High Commissioner for Refugees|work=Refworld|accessdate=22 August 2015}}</ref>
| {{yes}}
|
|-
| {{flag|Qatar}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape. Spousal rape is not explicitly criminalized, but a woman may file a complaint. The penalty for rape is life imprisonment, regardless of the age or gender of the victim.<ref>{{cite web |title=Qatar 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277261.htm |archive-url=https://web.archive.org/web/20180422124935/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277261.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Romania}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal. The law provides for three to 10 years’ imprisonment for rape and two to seven years’ imprisonment for sexual assault.<ref>{{cite web |title=Romania 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277209.htm |archive-url=https://web.archive.org/web/20180422124938/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277209.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Russia}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Rwanda}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men and women and spousal rape, and the government handled rape cases as a judicial priority. Penalties for conviction of spousal rape range from two months’ to life imprisonment with fines of 100,000 to 300,000 Rwandan francs.<ref>{{cite web |title=Rwanda 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277035.htm |archive-url=https://web.archive.org/web/20180422124946/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277035.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Saint Kitts and Nevis}}<ref name="World Bank 2018" />
| {{yes}}
| {{update inline|date=October 2018}}
|-
| {{flag|Saint Lucia}}<ref name="World Bank 2018" /><ref name="Postcolonial" />
| {{no}}
| The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court.<ref>{{cite web |title=Saint Lucia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277357.htm |archive-url=https://web.archive.org/web/20180422124952/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277357.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Saint Vincent and the Grenadines}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal, and the government generally enforced the law when victims came forward. Sentences for rape begin at 10 years’ imprisonment.<ref>{{cite web |title=Saint Vincent and the Grenadines 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277359.htm |archive-url=https://web.archive.org/web/20180422124955/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277359.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Samoa}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|San Marino}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is a criminal offense, and the government effectively prosecuted persons accused of such crimes. The penalty for rape is two to six years in prison.<ref>{{cite web |title=San Marino 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277213.htm |archive-url=https://web.archive.org/web/20180422125001/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277213.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|São Tomé and Príncipe}}
| {{yes}}
| Rape, including spousal rape, is illegal and punishable by two to 12 years’ imprisonment.<ref>{{cite web |title=Sao Tome and Principe 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277037.htm |archive-url=https://web.archive.org/web/20180422125004/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277037.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Saudi Arabia}}<ref name="World Bank 2018" />
| {{no}}
| Rape is a criminal offense under sharia with a wide range of penalties from flogging to execution. The law does not recognize spousal rape as a crime.<ref>{{cite web |title=Saudi Arabia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277263.htm |archive-url=https://web.archive.org/web/20180422125006/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277263.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Senegal}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Serbia}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is punishable by up to 40 years in prison. The government did not enforce the law effectively.<ref>{{cite web |title=Serbia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277215.htm |archive-url=https://web.archive.org/web/20180422125013/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277215.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Seychelles}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, spousal rape, and domestic abuse are criminal offenses for which conviction is punishable by a maximum of 20 years’ imprisonment. Nevertheless, rape was a problem, and the government did not enforce the law effectively.<ref>{{cite web |title=Seychelles 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277041.htm |archive-url=https://web.archive.org/web/20180422125016/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277041.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Sierra Leone}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape for which conviction is punishable by between five and 15 years’ imprisonment. Rape was common and viewed more as a societal norm than a criminal problem. The law specifically prohibits spousal rape.<ref>{{cite web |title=Sierra Leone 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277043.htm |archive-url=https://web.archive.org/web/20180422125020/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277043.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Singapore}}<ref name="World Bank 2018" /><ref>{{cite web|title=Sexual offences|work=statutes.agc.gov.sg|url=http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=c834c73a-3531-48b0-8040-4450d41d1351;page=0;query=Status%3Ainforce%20CapAct%3A224%20Depth%3A0;rec=0;resUrl=http%3A%2F%2Fstatutes.agc.gov.sg%2Faol%2Fsearch%2Fsummary%2Fresults.w3p%3Bquery%3DStatus%253Ainforce%2520CapAct%253A224%2520Depth%253A0#pr375-he-.|accessdate=12 July 2012|publisher=[[Attorney-General of Singapore|Attorney-General's Chambers]]}}</ref>
| {{yes-no}}
| {{see also|Marital rape immunity in Singapore}} Spousal rape is generally not a crime, but husbands who force their wives to have intercourse may be prosecuted for other offenses, such as assault. Spousal rape is a criminal offense when the couple is separated, subject to an interim divorce order that has not become final, or subject to a written separation agreement, as well as when a court has issued a protection order against the husband.<ref>{{cite web |title=Singapore 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277115.htm |archive-url=https://web.archive.org/web/20180422125024/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277115.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Slovakia}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape and sexual violence, which carry a penalty of five to 25 years in prison. The law does not specifically define spousal rape, but the criminal code covers spousal rape and spousal sexual violence under the crime of rape and sexual violence.<ref>{{cite web |title=Slovakia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277217.htm |archive-url=https://web.archive.org/web/20180422125027/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277217.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Slovenia}}<ref name=Slovenia /><ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape and domestic violence, is illegal. Sexual violence is a criminal offense carrying a penalty from six months’ to eight years’ imprisonment. The penalty for rape is one to 10 years in prison. Police actively investigated accusations of rape and prosecuted offenders.<ref>{{cite web |title=Slovenia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277219.htm |archive-url=https://web.archive.org/web/20180422125030/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277219.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Solomon Islands}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, with a maximum penalty of life imprisonment.<ref>{{cite web |title=Solomon Islands 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277117.htm |archive-url=https://web.archive.org/web/20180422125032/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277117.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Somalia}}<ref name="Fgspc">{{cite web|title=Provisional Constitution |url=http://www.somaliweyn.com/pages/news/Aug_12/Somalia_Constitution_English_FOR_WEB.pdf |publisher=Federal Government of Somalia |accessdate=13 November 2014 |url-status=dead |archiveurl=https://web.archive.org/web/20131228121925/http://www.somaliweyn.com/pages/news/Aug_12/Somalia_Constitution_English_FOR_WEB.pdf |archivedate=December 28, 2013 }}</ref>
| {{yes}}
| There are no federal laws against spousal violence, including rape, although in May 2016, the Council of Ministers approved a national gender policy that gives the government the right to sue anyone convicted of committing gender-based violence, such as the killing or rape of a woman.<ref>{{cite web |title=Somalia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277045.htm |archive-url=https://web.archive.org/web/20180422125035/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277045.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|South Africa}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, is illegal and remained a serious and pervasive problem. The minimum sentence for rape is 10 years in prison for the first offense.<ref>{{cite web |title=South Africa 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277047.htm |archive-url=https://web.archive.org/web/20180422125037/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277047.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|South Sudan}}<ref name="auto"/><ref name="World Bank 2018" />
| {{no}}
| The law defines sexual intercourse within marriage as “not rape.”<ref>{{cite web |title=South Sudan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277049.htm |archive-url=https://web.archive.org/web/20180422125040/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277049.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Spain}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape, including spousal rape, and the government generally enforced the law effectively. The penalty for rape is six to 12 years in prison.<ref>{{cite web |title=Spain 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277221.htm |archive-url=https://web.archive.org/web/20180422125044/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277221.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Sri Lanka}}<ref name="World Bank 2018" /><ref>{{cite web|url=http://www.aljazeera.com/indepth/features/2014/08/rapes-surge-sri-lanka-amid-weak-marital-laws-201481772359790802.html|title=Rapes surge in Sri Lanka amid weak laws|accessdate=14 July 2016}}</ref>
| {{no}}
| The law only prohibits spousal rape if the spouses are legally separated.<ref>{{cite web |title=Sri Lanka 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277293.htm |archive-url=https://web.archive.org/web/20180421104554/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277293.htm |url-status=dead |archive-date=21 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Sudan}}<ref name="World Bank 2018" />
| {{yes}}
| In February 2015, an amendment to Article 149 of the Criminal Code changed the definition of rape. Under the new definition of rape, rape victim could no longer be prosecuted for adultery.<ref>{{cite web |title=Sudan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277051.htm |archive-url=https://web.archive.org/web/20180422125049/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277051.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> Although there is no specific prohibition of marital rape, the amendment makes it possible to prosecute marital rape.<ref>{{cite web |title=Sudan's new law on rape and sexual harassment One step forward, two steps back? |url=http://www.acjps.org/wp-content/uploads/2016/03/Sudan%E2%80%99s-new-law-on-rape-and-sexual-harassment-One-step-forward-two-steps-back_-.pdf |publisher=African Centre for Justice and Peace Studies |accessdate=13 October 2018 |date=8 March 2016}}</ref>
|-
| {{flag|Suriname}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of women, including spousal rape, and prescribes penalties for rape or forcible sexual assault of between 12 and 15 years’ imprisonment, and fines up to 100,000 Surinamese dollars.<ref>{{cite web |title=Suriname 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277361.htm |archive-url=https://web.archive.org/web/20180422125051/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277361.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Sweden}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape and domestic violence, are illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.<ref>{{cite web |title=Sweden 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277223.htm |archive-url=https://web.archive.org/web/20180422125059/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277223.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Switzerland}}<ref name="World Bank 2018" />
| {{yes}}
| Rape, including spousal rape, and domestic violence, are statutory offenses for which penalties range from one to 10 years in prison. The government effectively prosecuted individuals accused of such crimes.<ref>{{cite web |title=Switzerland 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277225.htm |archive-url=https://web.archive.org/web/20180422125101/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277225.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Syria}}<ref name="World Bank 2018" />
| {{no}}
| Rape is a felony, subject to punishment by at least 15 years in prison, but the government did not enforce the law. The law further stipulates that if the rapist marries the victim, the rapist receives no punishment. The victim's family sometimes agreed to this arrangement to avoid the social stigma attached to rape. There are no laws against spousal rape.<ref>{{cite web |title=Syria 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277265.htm |archive-url=https://web.archive.org/web/20180422125104/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277265.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Taiwan}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, including spousal rape, and domestic violence.<ref>{{cite web |title=Taiwan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277119.htm |archive-url=https://web.archive.org/web/20180422125106/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277119.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Tajikistan}}<ref>{{Cite book | publisher = OECD Publishing | isbn = 978-92-64-07747-8 | last = OECD | title = Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries | date = 2010-02-22 | page = 85}}</ref>
| {{no}}
| Marital rape is not recognised as a criminal offence.<ref>{{cite web |title=Human Rights Council adopts outcomes of Universal Periodic Review of Papua New Guinea, Tajikistan and Tanzania |url=https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20563&LangID=E |website=www.ohchr.org |publisher=OHCHR |accessdate=17 October 2018 |date=22 September 2016}}</ref>
|-
| {{flag|Tanzania}}<ref name="World Bank 2018" /><ref>{{cite web|url=https://www.hrw.org/report/2014/10/29/no-way-out/child-marriage-and-human-rights-abuses-tanzania|title=No Way Out|date=29 October 2014|accessdate=14 July 2016}}</ref>
| {{yes-no}}
| The law provides for life imprisonment for persons convicted of rape, including spousal rape during periods of legal separation.<ref>{{cite web |title=Tanzania 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277055.htm |archive-url=https://web.archive.org/web/20180422125111/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277055.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Thailand}}<ref name="World Bank 2018" />
| {{yes}}
| Rape is illegal,<ref name=AFPThailand/> although the government did not always enforce the law effectively. The law permits authorities to prosecute spousal rape, and prosecutions occurred. The law specifies penalties for conviction of rape or forcible sexual assault ranging from four years’ imprisonment to the death penalty as well as fines.<ref>{{cite web |title=Thailand 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277121.htm |archive-url=https://web.archive.org/web/20180422125115/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277121.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Togo}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, but if reported, the law was often not enforced effectively by authorities. The law provides for five to 10 years’ imprisonment for conviction of rape and a fine of two million to 10 million CFA francs. Conviction of spousal rape is punishable by up to 720 hours of community service and a fine of 200,000 to one million CFA francs.<ref>{{cite web |title=Togo 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277057.htm |archive-url=https://web.archive.org/web/20180422125123/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277057.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Tonga}}<ref name="crownlaw.gov.to"/>
| {{yes}}
| Rape is punishable by a maximum of 15 years in prison. The law recognizes spousal rape.<ref>{{cite web |title=Tonga 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277125.htm |archive-url=https://web.archive.org/web/20180422125128/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277125.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Trinidad and Tobago}}<ref name="World Bank 2018" />
| {{yes}}
| Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences.<ref>{{cite web |title=Trinidad and Tobago 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277363.htm |archive-url=https://web.archive.org/web/20180422125131/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277363.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Tunisia}}<ref name="World Bank 2018" />
| {{yes}}
| Prior to June 2017, marital rape was not considered a crime. Although Article 227 of the Penal Code does not exclude marital rape from its provisions, Article 23 of the Personal Status Code mandated partners in marriage to “fulfil their conjugal duties according to practice and customs,”<ref>{{cite web |last1=Khouili |first1=Ramy |last2=Levine-Spound |first2=Daniel |title=Anti-violence law is another victory for Tunisian women |url=https://www.middleeasteye.net/columns/new-steps-forward-tunisias-fight-gender-equality-more-still-go-1217855003 |website=Middle East Eye |language=en |date=29 September 2017}}</ref> On June 27, 2017, the [[Assembly of the Representatives of the People|Tunisian Parliament]] unanimously passed a comprehensive law addressing all forms of gender-based violence, including physical, economic, and social violence.<ref>{{cite web |title=Tunisia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277267.htm |archive-url=https://web.archive.org/web/20180422125134/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277267.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref> The provisions of this law include marital rape.<ref>{{cite web |last1=McCormick-Cavanagh |first1=Conor |title=New Tunisian law takes long stride toward gender equality |url=https://www.al-monitor.com/pulse/originals/2017/07/tunisia-new-law-women-protection-violence-rape-2018.html |website=Al-Monitor |accessdate=16 October 2018 |language=en-us |date=28 July 2017}}</ref><ref>{{cite web |last1=Chaban |first1=Stephanie |title=Now Is the time to criminalize marital rape in the Arab Region - Opinion - Ahram Online |url=http://english.ahram.org.eg/NewsContent/4/0/285934/Opinion/Now-Is-the-time-to-criminalize-marital-rape-in-the.aspx |website=english.ahram.org.eg |accessdate=16 October 2018 |language=en |date=23 December 2017}}</ref>
|-
| {{flag|Turkey}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation.<ref>{{cite web |title=Turkey 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277227.htm |archive-url=https://web.archive.org/web/20180422125136/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277227.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Turkmenistan}}
| {{yes}}
| Marital rape is illegal and punishable by sentences ranging from 3 to 25 years imprisonment.<ref>"Rape, including spousal rape, is illegal in Turkmenistan and punishable by sentences ranging from 3 to 25 years in prison, depending on the extent of the violence. The government generally applies this law." {{Cite book | publisher = OECD Publishing | isbn = 978-92-64-07747-8 | last = OECD | title = Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries | date = 2010-02-22 | page = 87}}</ref><ref>{{cite web |title=Women's property and use rights in personal laws |url=http://www.fao.org/gender-landrights-database/country-profiles/countries-list/national-legal-framework/womens-property-and-use-rights-in-personal-laws/en/?country_iso3=TKM |website=www.fao.org |publisher=Food and Agriculture Organization of the United Nations |accessdate=17 October 2018 |language=en}}</ref>
|-
| {{flag|Tuvalu}}<ref>{{cite web |title=Tuvalu |url=http://asiapacific.unwomen.org/en/countries/fiji/co/tuvalu |website=UN Women Asia and the Pacific |accessdate=14 October 2018 |language=en}}</ref>
| {{no}}
| Rape is a crime punishable by a minimum sentence of five years’ imprisonment, but spousal rape is not included in the legal definition of this offense.<ref>{{cite web |title=Tuvalu 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277127.htm |archive-url=https://web.archive.org/web/20180422125145/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277127.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Uganda}}
| {{yes}}
| As of 2018.<ref name="World Bank 2018" />
|-
| {{flag|Ukraine}}<ref name="World Bank 2018" />
| {{yes}}
| The law prohibits rape of men or women but does not explicitly address spousal rape or domestic violence. The courts may use a law against “forced sex with a materially dependent person” as grounds to prosecute spousal rape.<ref>{{cite web |title=Ukraine 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277229.htm |archive-url=https://web.archive.org/web/20180422125151/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277229.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref><ref>{{Cite book | publisher = OECD Publishing | isbn = 978-92-64-07747-8 | last = OECD | title = Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries | date = 2010-02-22 | page = 89}}</ref>
|-
| {{flag|United Arab Emirates}}<ref>{{cite news|url=https://www.reuters.com/article/us-arab-women-factbox-idUSBRE9AB00I20131112|title=Factbox: Women's rights in the Arab world|date=12 November 2013|accessdate=14 July 2016|newspaper=Reuters}}</ref><ref>{{cite web |title=World Report 2018: Rights Trends in United Arab Emirates |url=https://www.hrw.org/world-report/2018/country-chapters/united-arab-emirates |website=Human Rights Watch |accessdate=16 October 2018 |language=en |date=20 December 2017}}</ref>
| {{no}}
| The penal code does not address spousal rape. In October the Dubai Court of First Instance sentenced a policeman to six months in jail for raping his fiancée. The defendant argued that he considered the two married at the time of the offense.<ref>{{cite web |title=United Arab Emirates 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277269.htm |archive-url=https://web.archive.org/web/20180422125154/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277269.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|United Kingdom}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape, spousal rape, and domestic violence. The maximum legal penalty for rape is life imprisonment. The law also provides for injunctive relief, personal protection orders, and protective exclusion orders (similar to restraining orders) for female victims of violence.<ref>{{cite web |title=United Kingdom 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277233.htm |archive-url=https://web.archive.org/web/20180422125157/https://www.state.gov/j/drl/rls/hrrpt/2017/eur/277233.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=15 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|United States}}<ref name="World Bank 2018" />
| {{yes}}
| {{main|Marital rape (United States law)}} Marital rape is illegal in all 50 [[US states]].
|-
| {{flag|Uruguay}}<ref name="World Bank 2018" /><ref>{{cite web|url=http://www.parlamento.gub.uy/leyes/AccesoTextoLey.asp?Ley%3D17938%26Anchor%3D |title=EXTINCTION OF CERTAIN CRIMES BY MARRIAGE OF THE OFFENDER WITH THE OFFENDER |accessdate=2013-01-04 |url-status=dead |archiveurl=https://web.archive.org/web/20110814063553/http://www.parlamento.gub.uy/leyes/AccesoTextoLey.asp?Ley=17938&Anchor= |archivedate=2011-08-14 }}</ref>
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, and domestic violence. The law allows for sentences of two to 12 years’ imprisonment for a person found guilty of rape, and authorities effectively enforced the law.<ref>{{cite web |title=Uruguay 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277365.htm |archive-url=https://web.archive.org/web/20180422125200/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277365.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Uzbekistan}}
| {{yes}}
| Rape, including marital rape, is prohibited,<ref name="World Bank 2018" /><ref>"Rape is punishable by law in Uzbekistan and spousal rape is specifically prohibited, but no man has ever been convicted for raping his wife." {{Cite book | publisher = OECD Publishing | isbn = 978-92-64-07747-8 | last = OECD | title = Atlas of Gender and Development: How Social Norms Affect Gender Equality in non-OECD Countries | date = 2010-02-22 | page = 91}}</ref> however the courts did not try any rape cases as of 2017, according to human rights activists.<ref>{{cite web |title=Uzbekistan 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277299.htm |archive-url=https://web.archive.org/web/20180422125203/https://www.state.gov/j/drl/rls/hrrpt/2017/sca/277299.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=17 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Vanuatu}}<ref name="World Bank 2018" />
| {{yes-no}}
| The law does not specifically criminalize spousal rape, but it can be prosecuted under related statutes that cover assault and domestic violence. Police, however, were frequently reluctant to intervene in what they considered domestic matters.<ref>{{cite web |title=Vanuatu 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277129.htm |archive-url=https://web.archive.org/web/20180422125208/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277129.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Venezuela}}<ref name="World Bank 2018" />
| {{yes}}
| The law criminalizes rape of men or women, including spousal rape, making it punishable by a prison term of eight to 14 years.<ref>{{cite web |title=Venezuela 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277367.htm |archive-url=https://web.archive.org/web/20180422125210/https://www.state.gov/j/drl/rls/hrrpt/2017/wha/277367.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=18 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Vietnam}}<ref name="World Bank 2018" />
| {{yes}}
| The Law criminalizes rape, including spousal rape, for men and women. The law subjects rapists to two to seven years’ imprisonment, or up to 15 years in severe cases.<ref>{{cite web |title=Vietnam 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277131.htm |archive-url=https://web.archive.org/web/20180422125213/https://www.state.gov/j/drl/rls/hrrpt/2017/eap/277131.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=14 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Yemen}}<ref name=FBanda /><ref>{{cite web |title=Yemen |url=https://www.genderindex.org/country/yemen/ |website=www.genderindex.org |publisher=The OECD Development Centre’s Social Institutions and Gender Index (SIGI) |accessdate=16 October 2018}}</ref>
| {{no}}
| The law criminalizes rape, but it does not criminalize spousal rape because the law states a woman may not refuse sexual relations with her husband.<ref>{{cite web |title=Yemen 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277273.htm |archive-url=https://web.archive.org/web/20180422125220/https://www.state.gov/j/drl/rls/hrrpt/2017/nea/277273.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=16 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Zambia}}<ref name="World Bank 2018" />
| {{yes}}
| The 2010 Anti-Gender-based Violence Act criminalizes spousal rape.<ref>{{cite web |title=Zambia 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277061.htm |archive-url=https://web.archive.org/web/20180422125223/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277061.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=12 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
| {{flag|Zimbabwe}}<ref name="kubatana1"/><ref name=SADC2007>{{cite web|url=http://www.pambazuka.org/en/category/16days/45014|title=Pambazuka - Southern Africa: Justice for survivors of marital rape, how far has SADC come ?|accessdate=22 August 2015}}</ref>
| {{yes}}
| While the law criminalizes sexual offenses, including rape and spousal rape, these crimes remained widespread problems. Spousal rape received less attention than physical violence against women.<ref>{{cite web |title=Zimbabwe 2017 Country Reports on Human Rights Practices |url=https://www.state.gov/j/drl/rls/hrrpt/2017/af/277063.htm |archive-url=https://web.archive.org/web/20180422125225/https://www.state.gov/j/drl/rls/hrrpt/2017/af/277063.htm |url-status=dead |archive-date=22 April 2018 |website=U.S. Department of State |publisher=Bureau Of Democracy, Human Rights, And Labor |accessdate=13 October 2018 |date=20 April 2018}}{{PD-notice}}</ref>
|-
|-
| 11 ||0–'''3'''
|}
|}

==See also==
* [[Outline of domestic violence]]
* [[Criticism of marriage]]
* [[Implied consent]]
* ''[[Maouloud Baby v. State of Maryland]]'', court case having to do with the withdrawing of sexual consent
* [[Marital rape in India]]
* [[National Clearinghouse on Marital and Date Rape]]
* [[Sexual violence by intimate partners]]
* [[Types of rape]]
* [[Victimology]]
* [[Women Against Rape]]


==References==
==References==
* Bergen, Raquel Kennedy, [https://web.archive.org/web/20111006080602/http://www.taasa.org/library/pdfs/TAASALibrary104.pdf "Marital Rape"] on the site of the Applied Research Forum, National Electronic Network on [[Violence against women|Violence Against Women]]. Article dated March 1999. (Retrieved February 8, 2005.)
* Bergen, Raquel Kennedy. "An Overview of Marital Rape Research in the United States: Limitations and Implications for Cross-Cultural Research." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 17–26. Print.
* Bovarnik, Silvie. (2007). Universal Human Rights and Non-Western Normative Systems: A comparative Analysis of Violence against Women in Mexico and Pakistan. Review of International Studies, 33(1), 59–74.
* Connell, R.W. (1995). Masculinities (2nd ed.). Berkeley, CA: University of California Press.
* {{Cite journal | doi = 10.1177/1524838003004003003 | pmid = 14697124 | volume = 4 | issue = 3 | pages = 228–246 | last = Bennice | first = Jennifer A. | author2 = Patricia A. Resick | title = Marital Rape | journal = Trauma, Violence, & Abuse | date = 2003-07-01 }}
* Easteal, P. ''Voices of the Survivors'', Spinifex Press, North Melbourne, 1994.
* Finkelhor, F., Yllö, K. (1985). License to Rape: Sexual Abuse of Wives. New York: The Free Press
* Gan, K., [https://web.archive.org/web/20041012182003/http://www2.malaysiakini.com/letters/29772 Sex a conjugal right], on the site of [http://www.malaysiakini.com/ Malaysiakini]. Article dated September 2004. (Retrieved April 20, 2005. Original link is dead, substitute link is to the [[Internet Archive]], and is dated October 12, 2004.)
* Kwiatkowski, Lynn. "Marital Sexual Violence, Structural Vulnerability, and Misplaced Responsibility in Northern Việt Nam." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 55–73. Print.
* Mandal, Saptarshi. (2014). The Impossibility of Marital Rape. Australian Feminist Studies, 29(81), 255–272.
* Menjívar, Cecilia. "Normalizing Suffering, Robadas, Coercive Power, and Marital Unions among Ladinas in Eastern Guatemala." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 75–85. Print.
* Schelong, K.M. (1994). Domestic Violence and the State: Response to and Rationales for Spousal Battering, Marital Rape and Stalking. Marquette Law Review, 78(1), 79-120.
* Smith, Daniel Jordan. "Modern Marriage, Masculinity, and Intimate Partner Violence in Nigeria." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 41–54. Print.
* Russell, Diana E.H., ''Rape in Marriage'' Macmillan Publishing Company, USA, 1990.
* The [http://www.abanet.org American Bar Association], [http://www.abanet.org/media/factbooks/womenlaw.pdf Facts about Women and the Law]. (Retrieved April 20, 2005.)
* Tjaden, Patricia, Thoennes., Nancy. (2000). Prevalence and consequences of male-to-female and female-to-male intimate partner violence as measured by the National Violence Against Women Survey. Violence Against Women, 6(2), 142–161.
* Tonnesson, Liv. (2014). When rape becomes politics: Negotiating Islamic law reform in Sudan. Women Studies International Forum, 44, 145–153.
* Torres, G. "Reconciling Cultural Difference in the Study of Marital Rape." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 7-16. Print.
Torres, G., Yllö, K. (2016). Marital Rape: Consent, Marriage and Social Change in Global Context. Torres, G., Yllö, K. (Ed.). London: Oxford University Press.
Umberson, D., Anderson, K.L., Williams, K., Chen, M.D. (2003). Relationship dynamics, emotion state, and domestic violence: A stress and masculinities perspective. Journal of Marriage and Family, 65(1), 233–247.
* [[United Nations General Assembly|General Assembly]] resolution 48/104 of 20, [http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.RES.48.104.En?Opendocument Declaration on the Elimination of Violence against Women], on the site of the [[Office of the United Nations High Commissioner for Human Rights]], December 1993. (Retrieved April 20, 2005.)
*—, [https://web.archive.org/web/20070607181646/http://www.actabuse.com/maritalrape.html Marital Rape], on the site of [http://www.actabuse.com/ Abuse Counseling and Treatment, Inc.] (Retrieved February 8, 2005.)
* [http://www.hiddenhurt.co.uk/marital_rape.html Hidden Hurt]
Waterman, C.K., Dawson, L.T., Bologna, M.J. (1989). Sexual coercion in gay male and lesbian relationships: Predictors and implications for support services. The Journal of Sex Research, 26(1), 118–124.
World Health Organization (WHO). (2005). Multi-country Study of Women's Health and Domestic Violence against Women. Geneva, Switzerland: World Health Organization.
Yllö, Kersti. "Prologue: Understanding Marital Rape in Global Context." Marital Rape: Consent, Marriage and Social Change in Global Context. Ed. Kersti Yllö, M.G. Torres. London: Oxford University Press, 2016. 1–6. Print.


{{Reflist|30em}}
==Footnotes==
{{Reflist}}


==External links==
==External links==
{{Commons category|Mark Viduka}}
* For a brief overview view of partner rape, see [https://web.archive.org/web/20060617182056/http://www.star.ak.org/Library/files/maritalrape.htm STAR Library - Marital Rape]
* [http://www.ozfootball.net/ark/Players/V/VE.html#VidukaMark OzFootball profile]
* Minnesota Advocates for Human Rights, [http://www.stopvaw.org/Marital_and_Intimate_Partner_Sexual_Assault.html Marital and Intimate Partner Sexual Assault], ''Stop Violence Against Women''.
* {{FIFA player|159597}}
* [https://web.archive.org/web/20100224085051/http://www.aphroditewounded.org/ Aphrodite Wounded]: Partner Rape Facts, Survivor Support and Educational Resources
* {{Soccerbase}}
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1699482 Real Rape, Real Pain: Help for Women Sexually Assaulted by Male Partners] Patricia L. Easteal, Louise McOrmond-Plummer
* [http://www.footballdatabase.com/site/players/index.php?dumpPlayer=1116 Statistics] at footballdatabase.com
* [https://web.archive.org/web/20110223134522/http://www.whealth.com.au/work_raped_by_partner.html] Raped by a Partner Research Report 2008 and [https://web.archive.org/web/20110223134432/http://www.whealth.com.au/work_partner_rape.html] Partner Rape Educational DVD 2009 produced by Women's Health Goulburn North East.
* {{NFT player|id=421}}
* [http://www.coe.int/t/DGHL/STANDARDSETTING/EQUALITY/03themes/violence-against-women/Analytical%20Study%20ENG.pdf Analytical study of the results of the Fourth Round of Monitoring the Implementation of Recommendation Rec(2002)5 on the Protection of Women against Violence in Council of Europe member states (results for 2013)]

{{Domestic violence}}
{{Sexual abuse}}
{{abuse}}


{{S-start}}
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{{s-sports}}
[[Category:Marriage]]
{{Succession box|title=[[Australia national soccer team|Australia]] captain|before=[[Craig Moore]]|after=[[Lucas Neill]]|years=2005–2006}}
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{{s-end}}
[[Category:Intimate partner violence]]
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{{DEFAULTSORT:Viduka, Mark}}
[[fr:Viol conjugal]]
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[[Category:Melbourne City FC non-playing staff]]
[[Category:Australian soccer players]]

Revision as of 15:37, 10 May 2020

Mark Viduka
Viduka playing for Australia in 2005
Personal information
Full name Mark Anthony Viduka[1]
Date of birth (1975-10-09) 9 October 1975 (age 48)
Place of birth Melbourne, Victoria, Australia
Height 1.88 m (6 ft 2 in)
Position(s) Forward
Youth career
1992–1993 AIS
Senior career*
Years Team Apps (Gls)
1993–1995 Melbourne Knights 48 (40)
1995–1998 Dinamo Zagreb 84 (40)
1998–2000 Celtic 37 (30)
2000–2004 Leeds United 130 (59)
2004–2007 Middlesbrough 72 (26)
2007–2009 Newcastle United 38 (7)
Total 409 (202)
International career
1993–1994 Australia U20
1994–1996 Australia U23 18 (17)
1994–2007 Australia 43 (11)
*Club domestic league appearances and goals, correct as of 09:12, 14 August 2009 (BST)
‡ National team caps and goals, correct as of 12:00, 22 July 2007 (UTC)

Mark Anthony Viduka (/vɪˈdkə/ vih-DOOK; born 9 October 1975)[2][3][4][5][6] is an Australian retired footballer who played as a centre forward. He captained the Australia national team to the Round of 16 at the 2006 FIFA World Cup which remains their best ever performance to date. His four goals in the UEFA Champions League are the most scored by any Australian player.

Club career

Melbourne Knights

In 1993, Viduka started his professional football career in Australia for Croatian-based club Melbourne Knights (which up until the 1993 season was known as Melbourne Croatia) and became an Australian international in June of the following year. In his two seasons with the Knights, he was top goal scorer in the National Soccer League (NSL) and was twice awarded the Johnny Warren Medal for NSL Best Player of the Year[7] in 1993–94 and 1994–95. His time at Melbourne Knights included one NSL title in the 1994–95 season. The grandstand at Knights' Stadium, home of the Knights, was renamed the "Mark Viduka Stand" in his honour and paid for with his transfer money.[8]

Dinamo Zagreb

In 1995, Viduka moved to Croatia to play with Croatia Zagreb (now Dinamo Zagreb). He spent three-and-a-half seasons with the club, helping it to win three doubles in Croatia between 1996 and 1998. He was also part of the Croatia Zagreb team that reached the third round of the UEFA Cup in 1997 and went on to make his UEFA Champions League group stage debut with the club a year later. He won the Best Foreigner Footballer Award in the Croatian League in his time at Zagreb.[9]

Celtic

Celtic bought Viduka in December 1998 for £3.5 million. In the same month as his signing, Celtic announced that Viduka had quit the club without kicking a ball for them, citing stress as his reason.[10]

A week later, Croatia Zagreb complained that it had not received the agreed fee for the player. These issues were eventually resolved and Viduka made his first appearance in a Celtic shirt on 16 February 1999, scoring for the under-21 team as an over-age player in a 4–2 victory against Motherwell. After making his first team debut against Dundee United on 27 February 1999,[11] his first goals for the club came when he scored a brace against Greenock Morton in the Scottish Cup on 8 March 1999.[12] He was voted Scottish Player of the Year for 1999–2000 after scoring 27 goals in his first full season at Celtic Park. He was regarded as a skilled player, with Josip Šimunić noting his ability to hold the ball up well and bring other players into the game.[13]

In February 2000, lower league team Inverness Caledonian Thistle defeated Celtic in a shock upset in the third round of the Scottish Cup. During half time Viduka reportedly threw his boots in the bin and refused to play in the second half after an altercation with assistant coach, Eric Black. The match ended 3–1 with Celtic fans in uproar.[14]

In March 2000, Viduka assisted Celtic to win Scotland's 1999-2000 Scottish League Cup. He left after his first full season at the club.

Leeds United

Leeds United manager David O'Leary signed Viduka just before the 2000–01 season for £6 million. At Leeds, he was expected to line up in a three-pronged attack alongside the previous season's top scorer Michael Bridges and Australia teammate Harry Kewell, but injuries to those two saw him form a partnership with Alan Smith in Leeds' Champions League matches, while Robbie Keane – signed on loan from Inter Milan as cover for Bridges – also benefited in their Premier League matches together in the second half of the season. In his first season, Viduka scored 22 goals, including all four in a memorable 4–3 win over Liverpool at Elland Road. He signed a five-year deal in the summer of 2001 and would star in both domestic competitions and Europe, with Leeds finishing in the country's top four in 2000–01, and fifth in 2001–02.

In the 2002–03 campaign, Viduka scored another 22 goals, including a hat-trick in a 6–1 win at Charlton Athletic[15] and the winner in a 3–2 victory at Arsenal on the penultimate day of the season that effectively saved United from relegation. His hat-trick in the Charlton game is the most recent hat-trick to date by a Leeds United player in the Premier League.[16]

However, the club's financial crisis continued, and resulted in the sale of key players including Harry Kewell and Robbie Keane. In the 2003–04 season, Viduka was again top scorer at Leeds, finishing the season strongly as was the case in the previous season, as interim manager Eddie Gray attempted to steer the club away from the Premier League trap door following the departure of Peter Reid in November after eight months as manager.

However, during his final appearance in the jersey, Leeds were relegated in a 4–1 loss to Bolton Wanderers at Reebok Stadium. After scoring a penalty, Viduka was sent off following two yellow cards. He was sold to Middlesbrough in the summer of 2004 as United's financial difficulties deepened.[citation needed]

Middlesbrough

Viduka's debut season at Middlesbrough was initially impressive, albeit frustrated by injuries. In the 2005–06 season, however, Viduka was in sensational form in all competitions for Middlesbrough, reaching double figures early on in the season. He also played an important part in spearheading Middlesbrough's campaign in the 2005–06 UEFA Cup where the club twice had to score four goals in a game to proceed. Middlesbrough eventually lost in the final to Sevilla on 10 May 2006.

With his contract due to expire at the end of the 2006–07 season, Middlesbrough manager Gareth Southgate expressed his interest in retaining Viduka. In August 2006, he was awarded the number 9 shirt at Middlesbrough, his preferred number at all his previous clubs. Following another successful season in which he scored 19 goals, Viduka attracted interest from other clubs who were hoping to sign him on a free transfer as he became out-of-contract. Southgate reiterated his wish to retain Viduka's services and revealed he would offer him a new contract. Viduka joined north-east rivals Newcastle United on a free transfer on 7 June 2007.[17]

Newcastle United

Viduka warming up for Newcastle

In signing for Newcastle, Viduka became manager Sam Allardyce's first signing at the club. His contract was for two years, with the option of a third year. He made his Newcastle debut in a Premier League match at Bolton on 11 August and scored his first goal on 26 August against his former club Middlesbrough.

On 23 September, he scored a further two goals against West Ham United to bring his tally up to three for Newcastle. On 23 December, he again scored two goals against Derby County. After an injury lay off over the new year, Viduka was brought back into the side by new manager Kevin Keegan, where he played as part of a 4–3–3 formation along with Michael Owen and Obafemi Martins. This new formation brought about a change of fortune for Newcastle as the three strikers rescued them from a relegation battle, with Viduka scoring two more goals over the rest of the season and setting up others for Martins and Owen before picking up an Achilles' heel injury before the last game of the season.

Viduka made his return to the first team after six months out injured at former club Middlesbrough, coming on for Martins as a substitute on 29 November 2008. This was a great relief for manager Joe Kinnear, who stated that he had previously feared the Australian's career might have been prematurely ended by his injury woes.[18] Later, Kinnear suggested to reporters that Viduka might call time on his career at the end of the 2008–09 season. Viduka, however, later expressed his desire to continue playing past this season after acquiring a groin injury in late December.[19] After returning from injury, he was immediately used by newly appointed coach Alan Shearer in an attempt to prevent the team's relegation. After playing a man of the match performance in the 3–1 victory against his former team Middlesbrough, Mark appeared to have scored his first goal of the season against Fulham. Match referee Howard Webb, however, ruled that Kevin Nolan impeded goalkeeper Mark Schwarzer disallowing the goal. He was released following Newcastle's relegation.

International career

Viduka began his international career in a friendly series against South Africa at the age of 18 in June 1994. The first game was played in Adelaide and the second game was played in Sydney. Australia won both games 1–0.[20] He scored his first international goal in October 1997 in the 23rd minute of a friendly game against Tunisia.[21]

In 1996, Viduka joined the Olyroos as they competed in the 1996 Summer Olympics. In Australia's first group game they lost to France 2–0. In their second group match they defeated Saudi Arabia 2–1. Viduka scored Australia's second goal in the 63rd minute with a clever back flick past the goalkeeper. In Australia's final group game Viduka made a contribution early in the game with an assist to Aurelio Vidmar in the 3rd minute. Despite Australia's early 0–2 lead, Spain made a spirited comeback and won 3–2. Due to the losses to France and Spain the Olyroos did not progress further in the tournament.[22]

Viduka featured in the two World Cup qualifiers against Iran in 1997. Australia failed to qualify.[23] Viduka was also a part of the Australia national soccer team that competed in the 1997 Confederations Cup. He scored Australia's opening goal in a 3–1 win over Mexico in Australia's first group game. However, in the final against Brazil he was sent off in the 24th minute after receiving a red card. Australia went on to lose the encounter 6–0.[24]

In 1999, Viduka featured in a friendly against Brazil. The game was played at the Melbourne Cricket Ground and concluded with a 2–2 draw. Viduka assisted Paul Agostino with the first goal of the game.[25] He also appeared in friendly matches against Hungary and Czech Republic in 2000. Defeating Hungary 3-0 and losing to Czech Republic 3–1.[26] That same here Viduka once again joined the Olyroos in the 2000 Olympic Games in his home country of Australia.[27] In 2001, he played alongside Australia as they competed against Uruguay in a two leg World Cup Qualifier. Australia lost on aggregate 3–1. This meant Viduka and Australia spent another World Cup on the sidelines.[28]

In 2003, Viduka scored his third international goal in a friendly against Ireland. Australia would go on to lose the match 2–1.[29]

Viduka began captaining the Australia national team in September 2005 in place of the injured Craig Moore, the regular captain. His first game as captain was in a World Cup Qualifier against Solomon Islands in Sydney, in which Australia won 7–0. He scored 2 goals on the occasion including a spectacular bicycle-kick goal. Viduka would go on to score a third goal only to be denied a hat-trick after being ruled offside. It was his first time playing against a team from the Oceana region.[30] In October 2005, he continued his captaincy when he led Australia to a 5-0 crushing of Jamaica at Craven Cottage in a friendly game. In the 47th minute of the game Archie Thompson crossed to Viduka, who controlled the ball, thought about appealing for handball but then had time to crash the ball into the net.[31]

Viduka thrived under Guus Hiddink's tenure as coach of the national squad and led Australia as it qualified for the 2006 FIFA World Cup in Germany over a two-leg qualifier against Uruguay. In the second leg, during the first half a swift flick kick from Viduka found Harry Kewell inside the box. Kewell scuffed his shot but the ball bounced kindly to Mark Bresciano who went on to score the goal that forced the Qualifier to go to a penalty shoot out.[32] Viduka would go on to miss his penalty, however Australia went on to win the shootout anyway.[33]

It was the first time in 32 years that Australia qualified to participate in the World Cup. On 21 May 2006, he was named as the Australian captain for the World Cup.[34]

In a lead up to the World Cup, Viduka captained Australia to friendly matches against the Netherlands and Greece. The Greece game was played at the Melbourne Cricket Ground. Australia won 1–0.[35] Australia's game with the Netherlands ended with a 1–1 draw. After trailing 1-0 Australia earned a penalty in the second half. Viduka took the spot kick, only to hit the top bar. However Tim Cahill scored of the rebound.[36] Viduka also led Australia's national team to their first World Cup finals victory with a 3–1 win over Japan in June 2006, as well as guiding them through an encounter with Brazil, losing 2–0, and a controversial bout with Croatia, ending with a 2–2 draw. He then led Australia into the second round, where they lost their round of 16 match to Italy. Although a regular scorer in the Premier League, Viduka has struggled to score any significant goals for the Socceroos, and the 2006 World Cup was no different.

Viduka considered retiring from international competition after the 2006 World Cup, citing increasing family commitments as the primary reason. In September 2006, however, he confirmed that he would continue playing for Australia and intended to compete in the 2007 Asian Cup.[37] In a friendly against Singapore, a week before the start of the Asian Cup, Viduka scored two headed goals in a 3–0 victory for Australia; former Leeds teammate Harry Kewell scored the third. It was the second time he scored two goals in an international match, having previously done so against the Solomon Islands in 2005.

On Australia's first ever Asian Cup participation, Viduka captained the side and he scored their solitary goal against Iraq, a game which they ultimately lost 1–3. In the next match, he scored two goals against co-host team Thailand, defeating them 4–0; other goals scored by Michael Beauchamp and Harry Kewell and making them fall out of the remaining competition. At one stage, he led the goalscoring at the Asian Cup tournament, although his team was eliminated in the quarter-finals in a penalty shootout against Japan. Subsequent to that loss, question marks hang over whether Viduka will continue his international career.[38][39] Two years on from the 2007 Asian Cup, he was still yet to return for the Socceroos, either stating he had injuries or club commitments. He missed World Cup Qualifiers against Qatar, Bahrain and Japan, even though fully fit and asked to play by Socceroo manager Pim Verbeek. Questions were raised over his commitment to the national team, even by other members of the squad.[40] Viduka was not selected in the final squad for the 2010 World Cup, having retired from football a year previously.

Honours

Club

Melbourne Knights[41]

Dinamo Zagreb

Celtic

International

Australia U20

Australia U23

Individual

Personal life

Viduka and his wife Ivana have three sons together: Joseph (born November 2002), Lucas (born September 2006) and Oliver (born May 2008).[44] His father Joe was from Croatia, from where he immigrated to Australia in the 1960s. Croatian footballer and Ballon d'Or winner Luka Modrić is his cousin.[45]

Viduka currently lives in Zagreb, where he owns a coffee shop.[46]

Viduka had a song written about him by English singer/songwriter and Middlesbrough fan Alistair Griffin (who also previously co-wrote the football song recorded by Terry Venables). The song lyrics were written to the tune of Leonard Cohen's "Hallelujah".[47] Middlesbrough manager Gareth Southgate embraced the tune as a way of raising money for his chosen charity, Macmillan Cancer Support. Leonard Cohen gave permission for the song to be released as a charity download single.[48]

Viduka was a huge AC Milan fan as a kid as he grew up watching Marco van Basten, Frank Rijkaard and Ruud Gullit.[49]

Viduka has been a member of Melbourne City FC since its inaugural season.[citation needed] He is affectionately referred to by his nicknames "V-Bomber"[50] and "Big Dukes"[51] in Australia.

Career statistics

Club career

Club Club performance League Cup League Cup Continental Total
League App Gls App Gls App Gls App Gls App Gls
Melbourne Knights 1992–93 NSL 4 2 0 0 4 2
1993–94 20 17 2 1 22 18
1994–95 24 21 3 6 27 27
Total 48 40 5 7 53 47
Croatia Zagreb 1995–96 Prva HNL 27 12 2 0 0 0 29 12
1996–97 25 18 3 2 2 3 30 23
1997–98 25 8 5 2 4 6 31 16
1998–99 7 2 0 0 2 2 9 4
Total 84 40 10 4 8 11 99 55
Celtic 1998–99 SPL 9 5 2 3 0 0 0 0 11 8
1999–00 28 25 1 0 4 1 4 1 37 27
Total 37 30 3 3 4 1 4 1 48 35
Leeds United 2000–01 Premier League 34 17 2 1 1 0 16 4 53 22
2001–02 Premier League 33 11 1 1 1 1 7 3 42 16
2002–03 Premier League 33 20 4 2 1 0 2 0 40 22
2003–04 Premier League 30 11 1 1 0 0 0 0 31 12
Total 130 59 8 5 3 1 25 7 166 72
Middlesbrough 2004–05 Premier League 16 5 2 0 1 0 4 2 23 7
2005–06 Premier League 27 7 5 2 2 1 9 6 43 16
2006–07 Premier League 29 14 7 5 1 0 0 0 37 19
Total 72 26 14 7 4 1 13 8 103 42
Newcastle United 2007–08 Premier League 26 7 2 0 0 0 0 0 28 7
2008–09 Premier League 12 0 0 0 0 0 0 0 12 0
Total 38 7 2 0 0 0 0 0 40 7
Career Totals 409 202 37 26 11 3 50 27 507 258

International career

[52]

Australia national team
Year Apps Goals
1994 2 0
1995 0 0
1996 0 0
1997 10 2
1998 2 0
1999 0 0
2000 2 0
2001 3 0
2002 0 0
2003 3 1
2004 2 0
2005 7 3
2006 6 0
2007 6 5
Total 43 11

International goals

# Date Venue Opponent Score Result Competition
1 1 October 1997 Stade El Menzah, Tunis, Tunisia  Tunisia 0–2 0–3 Friendly
2 12 December 1997 King Fahd Stadium, Riyadh, Saudi Arabia  Mexico 1–0 3–1 1997 FIFA Confederations Cup
3 19 August 2003 Lansdowne Road, Dublin, Republic of Ireland  Republic of Ireland 0–1 2–1 Friendly
4 3 September 2005 Sydney Football Stadium, Sydney, Australia  Solomon Islands 2–0 7–0 2006 FIFA World Cup qualification
5 3–0
6 9 October 2005 Craven Cottage, London, England  Jamaica 3–0 5–0 Friendly
7 30 June 2007 National Stadium, Singapore City, Singapore  Singapore 0–1 0–3 Friendly
8 0–3
9 13 July 2007 Rajamangala National Stadium, Bangkok, Thailand  Iraq 1–1 1–3 2007 AFC Asian Cup
10 21 July 2007 Rajamangala National Stadium, Bangkok, Thailand  Thailand 0–2 0–4 2007 AFC Asian Cup
11 0–3

References

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  3. ^ "Viduka leaves the asylum". The Guardian. 20 November 2000.
  4. ^ "VIDUKA from tantrum to talisman Cartoon strips, dressing room rows and a name change . . . Australia's captain has come a long way since he walked out on Celtic. Mark Wilson reports". Herald Scotland. 5 June 2006.
  5. ^ "Celtic consider Viduka legal move". BBC. 7 December 1998.
  6. ^ "Viduka progovorio nakon duge šutnje: Kovač je dobar čovjek, igrači će ga pratiti". Večernji list (in Serbo-Croatian). 6 June 2014.
  7. ^ Player Of The Year Awards – OzFootball, accessed 8 July 2006 Archived 27 April 2006 at the Wayback Machine
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  34. ^ AAP (21 May 2006). "Viduka named Socceroos captain". The Age. Melbourne: Fairfax Media. Retrieved 21 May 2006.
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  36. ^ "History says: Socceroos 3, Holland 0". Foxsports.com.au. 17 June 2014. Retrieved 17 January 2018.
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  39. ^ "Viduka mulls over Australia decision", Australian Broadcasting Corporation news website, 23 July 2007; [1]
  40. ^ "FOX SPORTS - Live Sports Scores - NRL, AFL, Cricket Scores". FOX SPORTS. Retrieved 17 January 2018.
  41. ^ a b "Mark Viduka inducted into FFA Hall of Fame". Melbourne Knights FC. 18 December 2014. Retrieved 2 April 2020.
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  44. ^ "Viduka leaving his mark". Herald Sun. News Limited. 5 February 2011. Retrieved 3 June 2012.
  45. ^ The Away Game by Matthew Hall, pag. 45
  46. ^ Radbourne, Lucas. "VIDUKA NOW A ZAGREB COFFEE SHOP OWNER: 'MY ONLY PRESSURE IS MAKING A GOOD BREW'". Retrieved 6 April 2020.
  47. ^ "Hallelujah Mark Viduka". The Sydney Morning Herald. Fairfax Media. 27 February 2007. Retrieved 24 April 2007.
  48. ^ "Alistair Griffin produces song for Middlesbrough star". Broadband TV channel. 1 March 2007. Archived from the original on 24 August 2007. Retrieved 7 June 2007.
  49. ^ "EXCLUSIVE: Mark Viduka breaks his silence on Leeds, the Socceroos and Lucas Neill". ESPN. 6 April 2020.
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  51. ^ "Mark Viduka Player Profile for Newcastle United". Newcastle United.[permanent dead link]
  52. ^ Marital rape at National-Football-Teams.com

External links

Sporting positions
Preceded by Australia captain
2005–2006
Succeeded by