The marital rape is a problem faced by most women victims of domestic violence, but what makes it difficult be proved is the inability to clearly distinguish the differences between the terms of ―marital rape‖ and ―unwanted sexual act‖. The validation of marital rape, as recognition of the fact that it is a social and legislative perspective, is still recent in the Romanian society. The patriarchal mentality which is dominating the Romanian society makes even more difficult the process of identifying the phenomenon of marital rape, because there are many abuses in relations between spouses who are not reported by the victim and thus creating statistics reflecting the reality is flawed. Also, that woman is encouraged to maintain the relationship with a man who sexually assaults is evidence of the mentality, which violates women's rights and impeding equality between women and men. The research is based on social documents studies, legislative norms studies and a quantitative analysis of the concept of marital rape, in the mentality of a woman versus the mentality of a man.