When the marriage relation between husband and wife exists and the husband forces his wife to have sexucal behaiour,whether he can commit crime of rage or not?The paper shows that"no rape within marriage" has lost its social foundation through investigating the sematic meaning and history of "no rope within marriage" and "exempting husband from rape".

In specific cas-es,the appointment of judges through constitutional means to measure the interests of marital rape if man commits crime or not is effective path to solve marital rape.

Many western countries have deleted husband s immune right to rape in marriage.