overheard in the study lounge. the guy said, "i don't think it's possible, i think once you're married, you're obligated and it comes with the territory."
:Q
:Q
"i don't think a man can rape his wife"
- Thread starter dolph
- Start date
moshquerade
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Don Vito Corleone
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That used to be the law in every state in the US, and I believe there are still jurisdictions that apply that principle.
From Encarta:
Rape of a person?s spouse is called marital rape or spousal rape. The English common law and traditional U.S. and Canadian law did not recognize rape within a marriage as a crime. As recently as the 1960s the American Law Institute recommended retaining the historical legal doctrine that a man cannot rape his wife. The organization based this recommendation on the theory that it was inappropriate for the law to invade marital privacy. However, as a result of changing attitudes about domestic violence, many states abandoned this doctrine and began to allow prosecutions for marital rape, especially if it is committed by force. In Canada, spouses may be convicted of criminal sexual assault.
From Encarta:
Rape of a person?s spouse is called marital rape or spousal rape. The English common law and traditional U.S. and Canadian law did not recognize rape within a marriage as a crime. As recently as the 1960s the American Law Institute recommended retaining the historical legal doctrine that a man cannot rape his wife. The organization based this recommendation on the theory that it was inappropriate for the law to invade marital privacy. However, as a result of changing attitudes about domestic violence, many states abandoned this doctrine and began to allow prosecutions for marital rape, especially if it is committed by force. In Canada, spouses may be convicted of criminal sexual assault.
Don Vito Corleone
Elite
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Here is some more legal background on this subject:
Much of the scholarly attention that has been given to marital rape has emerged from the legal community. This has occurred because throughout the history of most societies, it has been acceptable for men to force their wives to have sex against their will. The traditional definition of rape in the United States most commonly was, "sexual intercourse with a female not his wife without her consent" ( Barshis, 1983 , p. 383). As Finkelhor and Yllo ( 1985 ) have argued, this provided husbands with an exemption from prosecution for raping their wives-a "license to rape" (See Drucker, 1979 ; Eskow, 1996 ; and Sitton, 1993 , for a discussion of the marital exemption). The foundation of this exemption can be traced back to statements made by Sir Matthew Hale, Chief Justice in 17th century England. Hale wrote, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband which she cannot retract" (quoted in Russell, 1990 , p.17). This established the notion that once married, a woman does not have the right to refuse sex with her husband. This rationale remained largely unchallenged until the 1970's when some members of the women's movement argued for the elimination of the spousal exemption because it failed to provide equal protection from rape to all women ( Bidwell & White, 1986 ; Finkelhor & Yllo, 1985 ).
On July 5, 1993, marital rape became a crime in all 50 states, under at least one section of the sexual offense codes. In 17 states and the District of Columbia, there are no exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some exemptions given to husbands from rape prosecution. When his wife is most vulnerable (e.g., she is mentally or physically impaired, unconscious, asleep, etc.) and is legally unable to consent, a husband is exempt from prosecution in many of these 33 states ( Bergen, 1996 ; Russell, 1990 ). Table 1, based on the findings of the National Clearinghouse on Marital and Date Rape ( 1998 ), is a state law chart that indicates which states have some exemptions from prosecuting husbands for rape. The existence of some spousal exemptions in the majority of states indicates that rape in marriage is still treated as a lesser crime than other forms of rape. This perpetuates marital rape by conveying the message that such acts of aggression are somehow less reprehensible than other types of rape. Importantly, the existence of any spousal exemption indicates an acceptance of the archaic understanding that wives are the property of their husbands and the marriage contract is an entitlement to sex ( Russell, 1990 ).
Much of the scholarly attention that has been given to marital rape has emerged from the legal community. This has occurred because throughout the history of most societies, it has been acceptable for men to force their wives to have sex against their will. The traditional definition of rape in the United States most commonly was, "sexual intercourse with a female not his wife without her consent" ( Barshis, 1983 , p. 383). As Finkelhor and Yllo ( 1985 ) have argued, this provided husbands with an exemption from prosecution for raping their wives-a "license to rape" (See Drucker, 1979 ; Eskow, 1996 ; and Sitton, 1993 , for a discussion of the marital exemption). The foundation of this exemption can be traced back to statements made by Sir Matthew Hale, Chief Justice in 17th century England. Hale wrote, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband which she cannot retract" (quoted in Russell, 1990 , p.17). This established the notion that once married, a woman does not have the right to refuse sex with her husband. This rationale remained largely unchallenged until the 1970's when some members of the women's movement argued for the elimination of the spousal exemption because it failed to provide equal protection from rape to all women ( Bidwell & White, 1986 ; Finkelhor & Yllo, 1985 ).
On July 5, 1993, marital rape became a crime in all 50 states, under at least one section of the sexual offense codes. In 17 states and the District of Columbia, there are no exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some exemptions given to husbands from rape prosecution. When his wife is most vulnerable (e.g., she is mentally or physically impaired, unconscious, asleep, etc.) and is legally unable to consent, a husband is exempt from prosecution in many of these 33 states ( Bergen, 1996 ; Russell, 1990 ). Table 1, based on the findings of the National Clearinghouse on Marital and Date Rape ( 1998 ), is a state law chart that indicates which states have some exemptions from prosecuting husbands for rape. The existence of some spousal exemptions in the majority of states indicates that rape in marriage is still treated as a lesser crime than other forms of rape. This perpetuates marital rape by conveying the message that such acts of aggression are somehow less reprehensible than other types of rape. Importantly, the existence of any spousal exemption indicates an acceptance of the archaic understanding that wives are the property of their husbands and the marriage contract is an entitlement to sex ( Russell, 1990 ).
I think the main issue here would be proving it.... her word vs his.
He says they had sex last night, she says he raped her last night. Unless it was extremely violent, how do you prove it with no additional witnesses (sick!), or proof.
I think law and order svu had an episode about this.
He says they had sex last night, she says he raped her last night. Unless it was extremely violent, how do you prove it with no additional witnesses (sick!), or proof.
I think law and order svu had an episode about this.
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