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Therefore, rape laws were created to "…protect the property interests men had in their women, not to protect women themselves" (Schelong, 1994).
This concept of women as property permeates current marital rape ideology and laws throughout the globe.
One of the origins of the concept of a marital exemption from rape laws (a rule that a husband cannot be charged with the rape of his wife) is the idea that by marriage a woman gives irrevocable consent for her husband to have sex with her any time he demands it.
This view was described by Sir Matthew Hale (1609-1676) in History of the Pleas of the Crown, published posthumously in 1736, where he wrote that "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual consent and contract the wife hath given up herself in this kind unto her husband, which she cannot retract".
Marital rape is more widely experienced by women, though not exclusively.
The property to be withheld in a female was her virginity; this was the commodity (Bergen, 2016).These views of marriage and sexuality started to be challenged in most Western countries from the 1960s and 70s especially by second-wave feminism, leading to an acknowledgment of the woman's right to self-determination (i.e., control) of all matters relating to her body, and the withdrawal of the exemption or defense of marital rape.Most countries criminalized marital rape from the late 20th century onward—very few legal systems allowed for the prosecution of rape within marriage before the 1970s.Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated.Laws are rarely being enforced, due to factors ranging from reluctance of authorities to pursue the crime, to lack of public knowledge that sexual intercourse in marriage without consent is illegal.