According to the Civil Codes, having a sexual relationship for a woman is an obligation. However, the deprivation of the woman from the right to indemnity is the punishment inflicted for refusal and it seems that the law does not in any way allow the husband to resort to force, violence, threats and beatings in order to have a sexual relationship with wife. Iranian lawmakers have not been so motivated study the wife’s rights in case the husband, in order to have a sexual relationship with his wife, resorted to violence, threats and beatings. Given that one of the main conditions of rape in Iran's criminal law is the lack of a marital relationship, therefore, in the current situation, the prosecuted husband is not charged with rape with his wife. Nevertheless, it seems that the wife, on the one hand, can claim damages on the basis of civil or criminal law, on the one hand, and on the other hand, on the basis of certain provisions of the Islamic Penal Code, in particular under the crime title of "threat “, to pursue the prosecution of her husband. In French criminal law, for a long time the judicial process believed that the having of a sexual relationship, even with the use of force and without consent of the woman, was not in conflict with the legitimate goals of marriage. Therefore, the act could not be included in the definition of the crime of rape. Nonetheless, the act if caused physical harm would have the ability to prosecute (violence) or offense. However, the judiciary proceeds accept the occurrence of rape between the couples in two stages, in the first stage, the judicial process accepts the occurrence of sexual assault only between couples who are in the physical seperation, and at a later stage, this practice also involves the occurrence of rape between couples who are not physically seperated. Finally, the French legislator, in 2006, anticipates the possibility of rape between couples in the French Penal Code. As a result, at present, in French criminal law, the commission of any sexual relationship with a spouse by force, threat, and violence takes the title of sexual assault.
