A husband can never rape his wife. when a man marries a woman and pays her mahr, she becomes lawful for him. If she refuses conjugal relations in spite of being in his nikah and after having accepted the mahr, then the la’nat (curse) of Allah and the malaaikah descend on her. The laws of the kuffaar are satanic. A woman who denies conjugal relations to her husband is termed naashizah (grossly disobedient). She is not entitled to receive maintenance from her husband. The case of husband- rape in America is a reflection of the corruption and immorality of kufr society.
If a Muslim’s wife refuses to have conjugal relations with her husband without valid shar’i reason, e.g. she is not sick, then he is allowed to force himself on her. However, living in a kufr country one should be careful of being charged for statutory rape. If the woman is of such a low degree of imaan that she will not hesitate to report the matter to the police. If she is such a woman, then the best course would be to divorce her. When a wife refuses to fulfil the rights of the marriage and refuses to permit conjugal relations, then it is no use living with such a woman. This advice of divorce is given if it has become the practice of the woman to refuse conjugal relations. Howerer, if her refusal is an occasional thing, one should not take drastic steps.