>Well refusal _ever_ to have sexual intercourse is
probably grounds for divorce in every state. But I
don't think any jurisdiction or the common law ever
created a legal duty to give in to the husband's
demands whenever. Such a duty would of course be
unenforceable. What would you do, sue? But perhaps you
mean the obverse, that the wife had no legal rights
against nonconsensual sex with her husband, i.e., that
legally he couldn't rape her. And in many if not all
jurisdictions that was true until recentlt.
Justin's right, as I understand it. I recall Louisiana was a holdout on this.
http://www.wellesley.edu/WCW/projects/mrape.html
Q. What Legal Rights do Married Women Have Regarding Wife Rape?
A. Today it is a crime in all 50 states (and federal lands) for a husband to rape his wife. It is difficult to believe that just 20 years ago (in 1976) no husband could be charged with raping his wife, due to a section in the rape laws called the Marital Rape Exemption. This exemption (which was thought to be common law in some states but the result of legislation in others) actually exempted men from prosecution for rape in cases where the woman he raped was his wife!
The Marital Rape Exemption has not yet been completely removed. According to the National Clearinghouse on Marital and Date Rape (see Resource List), as of March 1996, only 17 states and the District of Columbia have completely abolished the marital rape exemption. The marital privileges are extended to unmarried cohabitants in 5 states, and to dates in 1 state (Delaware) It is important to remember that under at least one section of the sexual offense codes (usually those code sections regarding force), marital rape is a crime in all 50 states. Each state has its own sexual offense codes. See the Resource List to order a copy of marital rape laws by state. Women may also sue their husbands in civil court for pain and suffering and medical and other costs incurred as a result of sexual battery. Please see the section on marital rape in the Lehrman book, listed below in the section Resources for Legal Information about Wife Rape.
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Jenny Brown