Among the 50 States, there is a sharp division whether such an act is criminal at all. The majority of States have held the act not criminal based primarily upon the common law doctrine of marital immunity first enunciated in England by Lord Hale. Some of these States have followed the Model Penal Code and codified the immunity concept within their criminal law. Those States which have rejected Hale's immunity concept include New York, New Jersey, Alabama, and others. Upon judicial review, New York invalidated its statutory immunity for husbands by declaring it unconstitutional and a violation of the fourteenth amendment of the U.S. Constitution. New Jersey, as an example, statutorily eliminated the defense of marital immunity for rape, while other States simply rejected Hale's doctrine altogether. In 1980, Israel judicially rejected the defense of marital immunity insofar as a Jewish married couple was concerned by selectively utilizing Jewish religious law. It later enacted legislation eliminating the defense of marital immunity for rape for all persons regardless of religion. (Author abstract)