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Journal of European Economic History
2026, Volume:7, Issue :2 : 857-867 doi: 10.61336/JEEH/26-2-61
Research Article
From Marital Immunity to Criminal Liability: A Comparative Institutional and Economic History of Marital Rape Laws in Europe and Their Implications for 21st Century India
 ,
1
Research Scholar College of Law and Legal Studies, Teerthanker Mahaveer University Moradabad
2
Dean, College of Law and Legal Studies, Teerthanker Mahaveer University Moradabad
Received
May 30, 2026
Revised
June 24, 2026
Accepted
June 29, 2026
Published
July 4, 2026
Abstract

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. 

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