I was thinking about how I find it really annoying that when a stranger walks up to me and punches me, it's called "assault", but if my husband were to do the same thing, it's called "domestic assault".
Why should it get a different name just because the attacker was my husband?
A fair while back, there was a case of "rape by husband". I believe it was in Oregon, but I may well be wrong. I don't recall how the case came out.
Anyhow, what we had was a case of nonconsensual sex within a marriage.
1) I don't see how one would "prove" the case one way or the other. It would seem to be very much as she said / he said type thing.
2) I would think that such a situation would very much be a cause for divorce, but making a criminal court case out of it seem to be going a bit too far.
Bottom line, I do think that conflicts within a family do have a (subtle?) distinction, relative to non-family conflict. You hitting Zhimbo up side the head with a frying pan is not the same as the neighbor doing it.
Moose