Should laws define rape as possible within marriage?

Pro: Unless sexual activity is consensual, a person's rights are violated. The violation of rights can occur even within marriage, because nonconsensual sex is possible there. The marriage license does not or should not confer on either spouse the unlimited right to sexual services. Such a right would be, in effect, the permission to hold slaves.

Con: Marriage confers the right to sexual intercourse. Any act of sexual intercourse within marriage is by definition consensual, since the spouses agreed that their marriage confers legitimacy on their sexual activity.

Con: Marital rape is difficult to prove: Laws against marital rape would be impossible to enforce fairly in all cases. Even though sexual abuse and rape within marriage should be punished, laws that might afford remedies for them could become weapons to be wielded for evil purposes. Laws that define rape as possible within marriage are subject to abuse by those who seek to punish a spouse for something unrelated to sexual abuse or rape. Thus a married woman who has just had consensual sex with her husband could tell authorities that she had been raped, and her spouse could be unjustly punished.