At common law, a husband who forced his wife to engage in sexual intercourse was not guilty of rape.

Name: At common law, a husband who forced his wife to engage in sexual intercourse was not guilty of rape.
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Historically, at common law, a husband could not be charged with the rape of his wife due to the marital rape exemption, which was based on the outdated notion that a wife's consent was implicit and irrevocable upon marriage.

At Common Law, a Husband Who Forced His Wife to Engage