In 1978, Greta Hibbard was twenty-two and living in rural Oregon. She had a two-year-old daughter, a minimum-wage job, and an unemployed husband. She was, she would later say, “living on peanut butter sandwiches.” She and her husband, John Rideout, often fought; sometimes he hit her or demanded sex. On the afternoon of October 10th, when he did just that, Hibbard fled to a neighbor’s house. Rideout followed her, cornered her in a park, and took her home. Once inside, she said, he punched her several times in the face and pulled down her pants. Their toddler, who was watching, went into her bedroom and wailed as her father penetrated her mother.

That this might be rape, legally speaking, was a brand-new idea. Until the mid-seventies, much of the sex in the United States was regulated not by the theory of consent but by that of property: a husband could no more be arrested for raping his wife than for breaking into his own house. In 1977, Oregon became one of the first states to make spousal rape illegal, and even then some politicians thought the law should apply only to couples living apart or in the process of divorcing. A California state senator summed up the prevailing attitude: “If you can’t rape your wife, who can you rape?”

Hibbard herself had only just learned that she had a right to decline sex with her husband. (At a woman’s crisis center, she had noticed a sign on the wall that read “If she says no, it’s rape.”) The night before the incident, she and Rideout were chatting with a neighbor when she brought up the new law. “I don’t believe it,” Rideout said. When he was arrested a few days later, he still didn’t. What followed was Oregon v. Rideout, the first time in the United States that a man stood trial for the rape of a wife with whom he lived, and a formative test of the notion that consent should determine the legality of sex.

Sarah Weinman retells this story in “Without Consent: A Landmark Trial and the Decades-Long Struggle to Make Spousal Rape a Crime” (Ecco). Weinman is known for taking a true-crime approach to intellectual history: her previous books center on the murderer who befriended William F. Buckley, Jr.—the founder of the National Review—and on the kidnapping that is believed to have inspired Vladimir Nabokov to write “Lolita.” Her writing is breezy even when the subject matter is not exactly beachy. Rideout’s trial, for example, teemed with outrages. His defense lawyer smeared Hibbard for her sexual past: two abortions, a supposed lesbian experience, and a previous assault allegation against Rideout’s half brother, which, according to Weinman, Hibbard retracted after threats from the accused. Meanwhile, even the prosecutor thought Rideout seemed like a good guy. “I don’t think he belongs in prison or jail,” he told the press. When Rideout was acquitted, the courtroom burst into applause.

Hibbard, who reconciled with Rideout almost immediately after the trial, would divorce him within months. But Weinman follows Rideout all the way through 2017, when he was once again tried for rape. This time, the victims were Sheila Moxley, an acquaintance who had grudgingly allowed a drunk Rideout to sleep on her sofa after he came over to help her fix some furniture, and Teresa Hern, a long-term, on-and-off girlfriend. Both women had been held down and penetrated by Rideout in the middle of the night. Once again, a defense lawyer attempted to paint the women as lying, scheming seductresses. But this time Rideout was convicted on all counts and eventually sentenced to twenty-five years in prison. “You are a bad man,” Moxley read in a statement. “You are an evil man. You are a monster.”

Weinman’s choice to begin and end with Rideout’s trials allows her to tell a story of comeuppance, in which, during the span of one man’s life, society decided to take rape seriously and punish the monsters who commit it. This is a happy thought. But the real arc of history is not so short, nor does it bend with anything like certainty toward justice. Today, about one in ten American women have been raped by their intimate partners—roughly the same rate reported in the eighties. This year, the Trump Administration removed the Center for Disease Control’s online statistics on intimate-partner and sexual violence; the page was restored by a court order, and now contains a disclaimer: “This page does not reflect reality.” Donald Trump himself has been accused of sexual misconduct by at least twenty-four women. He has denied these accusations, including one from his first wife, Ivana, who testified under oath that he threw her on the bed, ripped out a handful of her hair, and then forced himself on her. She later clarified that she didn’t mean the word “rape” in the “literal or criminal sense.”

In Weinman’s epilogue, she briefly points to the unfinished business of ending rape, spousal or otherwise. But her book assumes that society has at least sorted out the philosophical underpinnings of how to regulate sex. “Younger generations were far clearer about these issues,” Weinman writes, “understanding that consent must be given ‘freely and intelligently’ by those who were capable, and anything shy of full consent was considered rape.” There is, I think, no such clarity. It is not just people like Trump, Jeffrey Epstein, Pete Hegseth, Brock Turner, Bill Cosby, Sean Combs, Dominique Pelicot, and their many, many friends who seem to have a bone to pick with consent. Feminists have their own quibbles. What does “freely and intelligently” mean, they ask, and what entails “full consent”? Who exactly is capable of consenting? And what are we to do with rapists?

For some second-wave feminists, the very idea that a woman living under patriarchy could “consent” to sex with a man was absurd. After all, we don’t think of a serf consenting to work for her feudal overlord: the serf might well enjoy tilling the fields, she might even love her master, but she didn’t choose farm labor so much as she was kept, by rigid and often violent social limits, from pursuing anything else. And even if the choice were free—even if decades of hard-fought feminist struggle had occasioned the sort of emancipation that meant women were no longer analogous to serfs—could such a choice ever be “intelligent”? Some women find knitting pleasurable, comforting, and affirming of their femininity, but how many would recommend it to a friend if it carried a ten-per-cent chance of rape?

These were lively arguments in the seventies and eighties, advanced by feminists like Catharine MacKinnon and Andrea Dworkin, who had herself been battered by her husband. Today, the basic idea—often glossed as “all heterosexual sex is rape,” though neither MacKinnon nor Dworkin wrote exactly those words—seems almost farcical. Radical feminists no longer blame heterosexual women for “sleeping with the enemy.” It’s widely accepted that a woman really can consent to sex with a husband on whom she is financially dependent. The immediate though rather less accepted corollary is that she can also consent to sex with a paying stranger. To say anything else, many feminists now argue, would be to infantilize her, to subordinate her—to the state, to moralism—rather than acknowledge her mastery of her own body.