Because marriage gave these rights to the husband, legally, it was not possible for him to rape his own wife. Because penalties for rape were severe, rape laws came to include elements that protected men against false accusation. The consent of the victim was often at issue, and the defense frequently argued that the woman had not resisted her alleged attacker. By the 20th century it had become increasingly difficult in U.S. courts for the victim to legally prove that she had been raped. She had to establish, often with a corroborating eyewitness, that intercourse had taken place, that it had not been provoked, and that violence had been threatened.
Rape is considered the most underreported of the violent crimes.
Convictions are difficult to obtain, and even when convicted, the average rapist spends less than four years in prison. Between 1979 and 1988 the numbers of reported rapes increased 65 percent more than did the general crime rate, an increase reflecting a growing willingness to report the crime. Impact of the Women's Movement Beginning in the 1970s, rape was increasingly redefined as a crime of violence. In many Western countries legal definitions were expanded and penalties adjusted according to the degree of aggressive force that was used. Police departments and the medical and legal systems have been urged by women's groups to apply greater sensitivity to their dealings with rape victims, and counseling and crisis centers have been established to offer support and assistance in dealing with the judicial process.