Introduction
Marital rape refers to non-consensual sexual intercourse between spouses. It is a form of sexual violence where one partner, typically the husband, forces or coerces the other partner into sexual activity without consent. The 8th edition of Black’s Law Dictionary defines marital rape as “a husband’s sexual intercourse with his wife by force or without her consent.” Hence, marital rape is using the wife’s body as the husband’s property and having sexual relations with her against her will. ¹ It is often concealed behind closed doors under the guise of the sacred institution of marriage; marital rape is a serious violation of human rights and bodily autonomy.
“The intercourse which takes place between husband and wife after marriage is not by virtue of any special consent on her part but is mere submission to an obligation imposed on her by law.” – Justice Henry Hawkins, 1888
Historically, marriage was viewed as an arrangement granting the husband irrevocable physical rights over his wife. Throughout the history of most societies, it has been acceptable for men to force their wives to have sex against their will. The traditional definition of rape in most countries was ‘sexual intercourse with a female not his wife without her consent’. This provided the husband with an exemption from prosecution for raping their wives “a license to rape”. Statistics indicate that one out of every seven women "who has ever been married, has been raped by a husband at least once, and sometimes many times over many years.² ’’ It is unreasonable to believe that rape does not occur in marriage. Existing data suggests that 14% of married women have been raped by their husbands at least once. ³
The foundation of an exemption in marital rape can be traced back to statements made by Sir Matthew Hale, Chief Justice in 17th Century England. Lord Hale wrote that: ‘the husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual consent and contract, the wife hath given up herself this kind unto her husband which she cannot retract’. ⁴
He introduced within the marriage, a notion of ‘implied consent’ that started at the time of the marriage and continued for the entire course of the marriage, and such consent was deemed irrevocable by Lord Hale. This established that once married, a woman does not have the right to refuse sex with her husband. Due to construction of sex as a woman’s duty within a marriage, there is always a presumption of her consent. ⁵

Historical Perspective
Before the 20th century, women were treated as property, first belonging to their fathers or brothers, and later to their husbands after marriage. They lacked legal identity and autonomy, rendering them unable to voice grievances against their husbands, including cases of sexual violence. Medieval law supported the theory that women were the subjects of men and removed all authority from women. ⁶
For example, the age-old tradition of "bride capture" remained in force in England until the fifteenth century. That tradition allowed a man to kidnap a woman, rape her, and thus force her family into granting the marriage right to the abductor.⁷
With the rise of feminist movements, human rights advocacy, and gender equality campaigns, societal perceptions have evolved. Gradually, marital rape has gained recognition as a serious issue and has been criminalized in many countries around the world. These doctrines started getting challenged in the West between 1960s and 1970s during the “second wave feminism” that focused on gender respect, autonomy, and right to self-determination (concerning all matters of a women’s own physical self and identity).⁸  However, marital rape has been overlooked in literature and policies throughout centuries and “marriage” being used as a common exemption/defense in sexual assault cases. 
Poland was among the first countries to address marital rape legislatively⁹. In the United Kingdom, marital rape was not considered a crime until the landmark case of R v R (1991), which established that a husband could be convicted of raping his wife¹⁰. Similarly, in the United States, Nebraska became the first state to criminalize marital rape in 1976, and by 1993, all 50 states had enacted similar laws¹¹.
Despite some progress, several countries including India, China, Bangladesh, Myanmar, Afghanistan, Malaysia, and Yemen have not yet criminalized marital rape. In India, marital rape is generally not recognized as a crime because of "Exception 2" to Section 375 of the Indian Penal Code (IPC), which states: "Sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape."¹² This discriminatory provision protects only child brides under the age of fifteen, while denying adult married women the fundamental right to bodily autonomy and protection from sexual violence within marriage.

Legal Status of Marital Rape in Nepal
In Nepal, marital rape was not recognized as a crime under the Muluki Ain, 2020 (B.S.) prior to its 11th amendment. The law previously defined rape solely as non-consensual intercourse with a woman other than one's wife or with a girl below sixteen years of age, with or without consent. ¹³
This changed following the directive order of the Supreme Court in the landmark case of Meera Dhungana v. His Majesty’s Government, where the Court instructed the government to amend the law to criminalize marital rape in compliance with international human rights obligations, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW¹⁴).
Subsequently, the Muluki Criminal Code, 2075 (2018 A.D.) was enacted, incorporating detailed provisions regarding marital rape.

Relevant Legal Provisions
Section 219(4) of the Muluki Criminal Code states :

“If a husband commits rape on his wife during the existence of the marital relationship between them, he shall be liable to a sentence of imprisonment for a term not exceeding five years.”

However, certain exceptions apply. The law clarifies that the marital relationship is deemed not to exist under the following circumstances:
If the wife has filed a case for a share of the family property and is separated.
If the wife has taken her share of the property and is living separately.
If a divorce suit has been filed.

Section 219(5) further empowers the court, based on the victim’s demand, to issue orders such as:
 Providing medical expenses or appropriate treatment.
 Arranging separate accommodation if cohabitation is problematic.
 Providing a separate space within the shared home.
 Issuing protection orders against further abuse.

It is important to note that victims must file a First Information Report (FIR) within one year of the incident. Marital rape cases remain challenging due to evidentiary difficulties, as often the victim’s statement is the primary piece of evidence.

Landmark Cases
Apart from Meera Dhungana v. HMG, another notable case is Jit Kumari Pangeni v. Government of Nepal, where the Supreme Court directed that marital rape be classified as a non-bailable offense, strengthening protections for victims and enhancing accountability. ¹⁵

Challenges and Social Realities
Although the criminalization of marital rape marks significant progress in Nepal’s legal system, societal acceptance and awareness remain limited. Cultural beliefs rooted in patriarchal norms continue to perceive marriage as granting a man unfettered sexual rights over his wife.
Due to social stigma, lack of legal literacy, and inadequate access to justice, incidents of marital rape often go unreported. In rural areas, awareness about the legal provisions against marital rape is minimal, and victims frequently endure abuse in silence.
There is a common misconception that marital rape is less serious than non-marital rape.
This argument is also unreasonable. Significant evidence suggests that marital rape can be the most traumatic form of rape, more traumatic than rape by strangers, because of a sense of betrayal, disillusionment, the upset of the whole marriage, and the fact that rape may be repeated for several years¹⁶. One study reported that victims of spousal rape tended to suffer trauma longer than other victims.¹⁷
The most distressing thing about marital rape is that a woman will have to face her rapist daily and be constantly reminded of the extreme violation by her husband. Clearly, there is enough quantitative and qualitative evidence to suggest that marital rape is serious and that our legal system needs to address it.

Conclusion
The criminalization of marital rape in Nepal is a vital step toward protecting women's rights and promoting gender justice. However, laws alone are insufficient without widespread public awareness and societal transformation.
State and non-state actors must work collaboratively to educate communities, dismantle harmful traditions, and ensure that marriage is understood as a partnership founded on mutual respect and consent. Marriage must never be a license for sexual violence. Women are not the property of their fathers, brothers, or husbands; they are individuals with full rights to bodily autonomy and dignity.