Under which conditions can a husband be charged with raping his wife?

A husband can be charged with raping his wife under conditions that involve fear, force, coercion, and/or intoxication because these factors establish a lack of consent, which is essential for legal definitions of rape. Consent must be clear and voluntary; if any element of coercion—whether through fear of harm, physical force, or manipulating the situation psychologically—is present, it undermines that consent.

Additionally, intoxication plays a critical role in determining consent. If an individual is unable to provide consent due to being intoxicated, any sexual act may be considered rape. The law recognizes that marriage does not inherently imply irrevocable consent, and spouses have the right to withdraw consent at any time.

Understanding that consent is a vital aspect of sexual encounters reinforces the notion that force or coercive situations invalidate any agreement made under normal conditions. Therefore, the presence of any combination of fear, force, coercion, or intoxication is what can lead to a husband facing rape charges regarding his wife.