Until today, it appears, the Mexican judicial system did not recognize marital rape. As of today's High Court's ruling, rape within marriage exists, and is a crime. Until now, the legal battle has waged, one side arguing that since the entire point of marriage is procreation (something echoed in our US same-sex marriage debate), then a husband has a right to have sex with his wife. The court ruled that a woman does not lose her sexual freedom when she marries (something echoed in our spousal consent provision debate).