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88 Calif. L. Rev. 1373 (2000)
Contest and Consent: A Legal History of Marital Rape

handle is hein.journals/calr88 and id is 1389 raw text is: Contest and Consent: A Legal History of Marital Rape Jill Elaine Hasdayt Introduction.............................................................................................1375 I. The Marital Rape Exemption as it was Articulated, Understood, and Defended in the Nineteenth Century ....................1382 A. Women's Legal Status in the Nineteenth Century ....................1382 1. The Consensual Account of Nineteenth-Century Women's History ...............................................................1382 2. The Law of Marriage in the Nineteenth Century................1385 B. The Marital Rape Exemption in Nineteenth-Century Criminal Law............................................................................1392 C. The Marital Rape Exemption's Effect on the Lived Experience of Marriage in the Nineteenth Century..................1406 II. The First Organized Feminist Campaign Against a Husband's Conjugal Rights ......................................................... 1413 A. A Wife's Right to Her Person as the Predicate for Women's Equality ..............................................................1417 B. Structural Consent and Marriage as Legalized Prostitution ......1427 C. The First Woman's Rights Campaign Against Marital Rape as a Distinctly Nineteenth-Century Movement...............1433 Copyright © 2000 California Law Review, Inc. California Law Review, Incorporated (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t Assistant Professor, University of Chicago Law School. B.A. 1994, J.D. 1997, Yale University. I would like to thank Reva Siegel, Emily Buss, Naomi Cahn, Mary Anne Case, Nancy Cott, Ariela Dubler, Allan Erbsen, William Eskridge, Dan Fischel, Elizabeth Garrett, Jack Goldsmith, Sally Gordon, Robert Hasday, R.H. Helmholz, Neal Katyal, Saul Levmore, Andrei Marmor, Linda McClain, Martha Nussbaum, Eric Posner, Stephen Schulhofer, Cass Sunstein, Adrian Vermeule, Robin Vest, and the participants in faculty workshops at the University of Chicago Law School, the Boston University School of Law, the Stanford/Yale Junior Faculty Forum, and the third annual meeting of the Working Group on Law, Culture, and the Humanities. Susan Gihring, Danielle Kemp, Cicely Weathington, Jeffrey Zeeman, and the University of Chicago Law Library provided excellent research assistance. The Arnold and Frieda Shure Research Fund contributed generous financial support. 1373

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