I sympathize with your point, but if ceded, then one must affirm as well that not only the sexual arena of a married couple's relationship is their business, but the entirety of the relationship in all arenas as well is NOT the business of anyone other than the two parties involved.
Yes, to a point.
The wedding and divorce of the relationship are public matters.
Anything related to the divorce also becomes a public matter.
Additionally, there is a historical precedent for allowing the male kinfolk of the woman the ability to beat some sense into the husband if he is physically abusive, but this has also become criminalized and no longer can be done.
Likewise, the female kinfolk of the man would take the wife and talk to her if they believed she wasn't upholding her end of the marriage.
In both of these solutions, any problems in the relationship was kept within the family and no criminal court was involved.
And if so, then there is no such thing as assault and battery in a marriage... No such thing as spousal abuse...
I think we must acknowledge that some actions are criminal, and that marriage cannot be used as an umbrella to shield such actions from the law...
I addressed this point.
Anything that causes the married couple to become a plaintiff and a defendant in a criminal case should automatically cause the two to become divorced, and the final disposition of the divorce is dependent on the outcome of the criminal case.
And having said that, I will concede that the door to legal abuse by the presumptively abused is opened, when the presumption is false as the "abused" is in fact the predator...
That point was brought up previously.