Marital rape represents one of the most persistent yet under-acknowledged forms of gender-based violence, situated at the intersection of law, culture, sexuality, and power. Despite growing international recognition of sexual autonomy as a fundamental human right, sexual violence within marriage continues to be normalized, legally exempted, or socially minimized in many societies. This article undertakes an extensive theoretical and empirical examination of marital rape by synthesizing legal history, feminist theory, psychological research, and public health evidence, drawing strictly on existing scholarly literature. It explores how marriage has historically functioned as a site of sexual entitlement, obscuring consent and legitimizing coercion. The analysis traces the evolution of marital rape laws globally, with particular emphasis on India, where legal immunity remains contested and deeply entangled with cultural narratives of marriage, duty, and family honor. The article further examines the psychological and mental health consequences of marital rape, highlighting trauma, depression, post-traumatic stress, and the compounding effects of social silence. Perceptual studies on consent, sexual precedence, and victim resistance are discussed to reveal how societal beliefs shape responses to marital rape and influence legal outcomes. By integrating insights from criminology, mental health research, and socio-legal studies, this article argues that marital rape is not merely an individual crime but a structural phenomenon sustained by patriarchal norms and institutional inertia. The discussion critically engages with counter-arguments surrounding criminalization, including concerns about misuse of law, and situates them within broader debates on justice, accountability, and gender equality. Ultimately, the article calls for a paradigm shift that reconceptualizes marriage as a relationship grounded in continuous consent, dignity, and bodily autonomy, emphasizing the urgent need for legal reform, survivor-centered support systems, and transformative social change.
