scary. Something like this shouldn't be even considered unless there is a formal restraining order on one of the spouses.
I agree, and I think that was one of the main reasons for passing a law like this. Too often, estranged husbands would rape their wives, but...since they were married, the idea was that a wife couldn't be "raped" by her husband.
Luckily, it would take a lot of extenuating circumstances (i.e. history of domestic violence, witness testimony, etc.) to convince a jury (especially if I was on the jury) of rape of a woman by her husband.