For centuries, the idea that a husband could rape his wife was considered legally impossible 
across much of the world. This paper traces the long journey from that position to one where 
marital rape is treated as a serious criminal offence, focusing on the legal evolution in Europe 
and drawing out lessons for India. Using a comparative institutional and economic lens, the 
paper examines how the marital rape exemption was born, how it survived for so long, and why it 
eventually collapsed in countries like the United Kingdom, Germany, France, and Sweden. It then 
applies those lessons to India, where the marital rape exemption still exists under the Bharatiya 
Nyaya Sanhita, 2023, and where the Supreme Court has been struggling with the question for 
years without a final answer. The paper argues that India's continued refusal to criminalise 
marital rape is not just a legal anomaly it is an institutional failure with measurable economic 
costs. The paper concludes with a call for legislative action grounded in constitutional values, 
international human rights law, and the practical reality of how law shapes social behaviour.