Consummation

This stipulation has been in recent years heavily criticized on a wide variety of grounds, ranging from the mixing of religious doctrine into secular law, to being degrading to women given its negative historical connotations of ownership of the wife.

[15] It has been argued that the purpose of this ground is not clear: it is neither procreation (the act need not end in pregnancy, and neither is there a need of the possibility of it, given the fact the consummation is legally valid even if one or both parties is sterile), neither is it the expectation of sexual satisfaction in marriage (one single act of sexual intercourse is sufficient, even if the spouse following the consummation says they will never again engage in intercourse).

[16] Andrew Bainham argues that this law (in England and Wales) is outdated and must be abolished "in a modern society committed to equality and human rights in personal relationships".

It remains a rather curious anomaly in the law, a relic perhaps of medieval times, when the first act of intercourse was thought to 'mark' a new bride as the 'property' of her husband.

Whatever its origins, it is not entirely clear what modern purpose this ground serves and it is suggested that it should be dispensed with.Another concern is sexual violence, especially since in most countries the criminalization of marital rape is recent, having occurred from the 1970s onwards; the maintaining in law of the concept of consummation is argued to foster cultural and societal attitudes and understandings of marriage that make it more difficult to acknowledge these violations; and to be a remainder of an oppressive tradition.

[15][19] Commenting on the case of R v R, which criminalised marital rape in England and Wales, Harris-Short and Miles write: [A] historical view again throws useful light on the matter: until 1991, husbands were permitted to have sexual intercourse with their wives regardless of whether they were then actually consenting, the original act of consummation and the resultant marital status entitling the husband to sexual relations thereafter.