In most states the criminalization has occurred by the removal of the exemptions from the general rape law by the legislature; or by the courts striking down the exemptions as unconstitutional. In some states, however, the legislature has created a distinct crime of spousal sexual assault. This is, for example, the case in California, where there are two different criminal offenses: Rape (Article 261) and Spousal Rape (Article 262).
AUSTRALIA
The criminalizing of marital rape in Australia occurred in all states and territories, by both statutory and case law, from the late 1970s to the early 1990s. In Australia, the offense of rape was based on the English common law offense of rape, being generally understood as "carnal knowledge", outside
AUSTRALIA
The criminalizing of marital rape in Australia occurred in all states and territories, by both statutory and case law, from the late 1970s to the early 1990s. In Australia, the offense of rape was based on the English common law offense of rape, being generally understood as "carnal knowledge", outside