An appellate court here legally recognized spousal rape for the first time, ruling against a husband who was found to have forced himself upon his wife using a weapon, court officials said Sunday.

But the Seoul High Court reduced the sentence against the 40-year-old to two years and six months in prison, suspended for three years, for raping his wife after stabbing her with a weapon.

In April, this year, the man was charged with raping his wife after stabbing her during a fight, inflicting an injury requiring two weeks of treatment. In the first trial, he was sentenced to five years in jail.

“It is assumed that a marriage constitutes a lasting sexual relationship, and it is difficult to view the violation of sexual rights between a married couple and the violation of sexual rights between an individual and a third person, as the same,” said Seoul High Court Judge Choi Sang-yeol in his ruling. “Judging a sexual relationship against a spouse’s will as rape requires caution, considering the peculiar nature of marriage.”

However, he added, it is not reasonable to say wives could not be rape victims as the criminal code defines women as rape victims without other restrictions.

“Even if a married couple has the right to request sexual relations from one another, they do not have the right to force themselves upon one another through the use of assault or threats,” said the judge.

All eyes will be on the case, should it go to the Supreme Court.

This was the first time spousal rape was recognized by a high court. The Supreme Court did not recognize rape between a married couple in a case in the 1970s.

In 2009, the Busan District Court acknowledged spousal rape for the first time in Korea, but the defendant committed suicide during an appeal.

By Robert Lee (robert@heraldcorp.com)