Marital rape : a social psychological perspective

To better understand why marital rape has not been defined as a social problem, this research examined perceptions of marital rape from several different perspectives. Tennessee state legislators and lawyers were interviewed to ascertain their evaluation of the need for and feasibility of comprehensive marital rape legislation. Undergraduate sociology students were surveyed about their perceptions of various vignettes depicting forced sex between strangers, acquaintances, dates and spouses. The objective was to determine students' perceptions of the seriousness of forced sex in marriage compared to less intimate relationships.

The interview data showed that both male lawyers and male legislators are apprehensive about passing comprehensive marital rape laws because they anticipate such legislation might be abused by women seeking larger divorce settlements. Additionally, the lawyers predicted that both judges and jurors would be unsympathetic to women prosecuting on those grounds. Despite their recognition of the same problems, female attorneys were supportive of comprehensive marital rape laws because they would provide women who suffer such abuse legal recourse.

The survey data revealed that students are less likely to define a situation as rape when the relationship is intimate--especially a marital one. When strangers are involved, students almost unanimously would encourage the women to prosecute for rape. Students are less likely to encourage women who have been raped by their husbands to prosecute for rape.

One interpretation of the data is that traditional perceptions of women's marital rights and duties make people reluctant to perceive rape in marriage as a social problem. Males who may lose marital rights and incur legal risk if definitions change are more reluctant to define forced sex in marriage as rape. The attitudes expressed by both students and policymakers suggest it is unlikely marital rape will be perceived as a social problem in Tennessee and similar states in the near future.