An interesting case in Europe is that of Finland: the country outlawed marital rape only in 1994, after years of debates.[57] The case of domestic violence in Finland has been the subject of much international interest and discussion, because Finland is otherwise considered a country where women have very advanced rights in regard to public life and participation in the public sphere (jobs, opportunities, etc.). The country has been made the object of international criticism in regard to its approach towards violence against women.[58] A 2010 Eurobarometer survey on European attitudes on violence against women showed that victim blaming attitudes are much more common in Finland than in other countries: 74% of Finns blamed "the provocative behaviour of women" for violence against women, much higher than in other countries (for instance many countries that are popularly believed to be among the most patriarchal of Europe were significantly less likely to agree with that assertion: only 33% in Spain, 46% in Ireland, 47% in Italy).[59]
Belgium has been early to criminalize marital rape. In 1979, the Brussels Court of Appeal recognized marital rape and found that a husband who used serious violence to coerce his wife into having sex against her wishes was guilty of the criminal offense of rape. The logic of the court was that, although the husband did have a 'right' to sex with his wife, he could not use violence to claim it, as Belgian laws did not allow people to obtain their rights by violence.[60][61] In 1989 laws were amended, the definition of rape was broadened, and marital rape is treated the same as other forms of rape.[62]
In France, in 1990, following a case where a man had tortured and raped his wife, the Cour de Cassation authorized prosecution of spouses for rape or sexual assault. In 1992 Cour de Cassation convicted a man of the rape of his wife, stating that the presumption that spouses have consented to sexual acts that occur within marriage is only valid unless the contrary is proven.[63] In 1994, Law 94-89 criminalized marital rape;[63] a second law, passed 4 April 2006, makes rape by a partner (including in unmarried couples, married couples, and in civil unions) an aggravating circumstance in prosecuting rape.[64]
Germany outlawed spousal rape only in 1997, which is later than other developed countries. Female ministers and women's rights activists lobbied for this law for over 25 years.[65] Before, marital rape could only be prosecuted as "Causing bodily harm" (Section 223 of the German Criminal Code), Insult (Section 185 of the German Criminal Code) and "Using threats or force to cause a person to do, suffer or omit an act" (Nötigung, Section 240 of the German Criminal Code) which carried lower sentences [66] and were rarely prosecuted.
