Which state was the first to outlaw marital rape?

• A. California
• B. South Dakota
• C. Georgia
• D. New York

Answer: (B)

Consent within marriage is not presumed to disappear just because two people are married. The main idea here is how laws about rape shifted to treat rape as a crime regardless of marital status, recognizing that a spouse cannot automatically consent to sexual activity.

South Dakota led the way by removing the marital rape exemption and making marital rape illegal, the first state to do so. This milestone reflected a broader move toward respecting individual autonomy and ensuring consent is required in all intimate encounters, not just outside marriage. After this breakthrough, many other states followed with similar reforms in the years that followed, strengthening protections against rape within any relationship.