The Law and Politics of Marital Rape in England, 1945–1994

This article examines the ending of the marital rape exemption in England. It describes the unresponsiveness of the political and legal establishment on the issue from the war to the mid-1970s. The arguments and campaigns that feminists and others advanced against the rule from the 1970s onwards are analysed, together with the political and legal reaction to this campaign. Next, the Parliamentary and legal debates over the rule in the 1980s are discussed: a story of inertia, even hostility, towards such campaigning. Finally, the article considers the demise of the exemption in the 1990s. The article presents a nuanced account of this change, which was both vigorously contested and highly contingent. It also suggests that legal protection from ‘the rapist who pays the rent’, and the campaign to achieve this, deserve appropriate recognition within the story of feminist activism in the late twentieth century.