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As a definition of "rape" this is a bridge too far for my tastes. I can't tell you how many times I awoke my former wife with genital stimulation during the first year or so of our marriage.
If a) being married and b) sharing a bed does not constitute a condition of ongoing, expressed consent to sex with one's spouse there is a dangerous legal and cultural road ahead for married people. And men, in particular.
http://nypost.com/2017/08/03/woman-finds-out-husband-raped-her-from-videos-on-his-phone/
why was the wife pissed enough to go through with these charges?