Knowledge (XXG)

Marital rape in the United States

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1129: 295:(unless they are separated), and neither do they apply to unmarried cohabitants. These are offenses that deal with situations where the lack of consent is due to the incapacity of consent of the victim, including where the victim was drugged by the perpetrator. These situations, which were excluded from prosecution, are where the victim was "mentally impaired, mentally incapacitated, or physically helpless". The term "mentally incapacitated" is defined as a person who "under the influence of alcohol, a narcotic, anesthetic, or any other substance, 335:. Prior to the enactment of that bill, sexual intercourse with one's spouse without their consent was not recognized as a crime. Section 262 required that, if spouse A did not want to have sex, they needed to resist the forceful sexual advances of spouse B, unless A was "prevented from resisting by any controlled substance", or "incapable of resisting" because A was unconscious or asleep, unaware of the sexual act occurring, or deceived by "the perpetrator's fraud in fact", in which cases the sexual act would have amounted to rape. 540:'s statute on "Assault and Criminal Sexual Conduct" (Title 16, Chapter 3, Article 7 of the SC Code of Laws) lays out distinctively different definitions and penalties between rape by a spouse and by other parties. First and second degree sexual assault carries a maximum prison sentence of 30 and 20 years, respectively, while 10 years is the maximum sentence for marital rape. In order to prosecute, the married victim must report the rape within 30 days, even if they are living separately from their spouse. 339:
resist the forceful sexual advances of the perpetrator, unless the victim was "prevented from resisting by any controlled substance", or "incapable of resisting" because A was unconscious or asleep, unaware of the sexual act occurring, or deceived by "the perpetrator's fraud in fact" or "the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose", in which cases the sexual act would have amounted to rape.
525:, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless." This has the result of excluding from prosecution, among other situations, incidents where the victim was drugged by the perpetrator. ("Mentally incapacitated" is defined by legislation as: "a person who is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance 447:, a person can be convicted of sexual battery of a spouse when they are living together only if he engages in "forcible penetration against the victim's will". This excludes, among others, situations where the victim is "rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent". 279:
weapon" or "caused serious bodily injury to the alleged victim". This meant that, in practice, most cases of marital rape could not be prosecuted, since few rapes involve such extreme circumstances. The law was finally repealed in 2005, allowing for marital rape to be treated like any other type of rape. The bill to repeal the old law was introduced more than ten times before it succeeded.
569:, the main difference lies in punishment. Under certain circumstances, if the victim and the attorney for the Commonwealth agree, the perpetrator can undergo a therapy program, which if completed successfully, replaces any punishment. This can happen if "the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness". 475:, which states that: "No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force." By contrast, a person who is not married to the accused or who is married but living separate and apart can rely on many laws which deal with various forms of coercion. It is notable that subsection A(1)(a) of 607:, for example, subsection (2) of article 709.4 Sexual abuse in third degree, excludes sexual acts committed by adults with children as young as 12, provided the parties are "cohabiting as husband and wife." This does not refer only to legal marriages, but can apply to common law marriage as well. Iowa is also one of 10 states, and the District of Columbia, which recognizes 88:(posthumously, 1736) that a "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 up herself in this kind to her husband which she cannot retract". The ruling, although no legal record of which is found earlier than Hale, likely relied on even earlier standards. In a case of 459:
force or threat of thereof were not used, marriage can be a defense. The general definition of sexual assault uses the wording "against the will of the victim" or "under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct".
483:, that deals with various forms of coercion (for instance it states in subsection in A (1) that "The offender knowingly coerces the other person to submit by any means that would prevent resistance by a person of ordinary resolution") does not apply at all to married people. In 2015, a bill was introduced to remove these exemptions. 599:
laws creating exceptions for minors engaged in a sexual relationship with their lawful spouse – although such minors would otherwise not be able to legally consent to sex. Delaware, New Jersey, Pennsylvania, Minnesota, Rhode Island, and New York have enacted legislation to ban all marriage for minors
508:
For instance, a person in Oklahoma can not charge her/his spouse for rape if she/he is compelled to submit due to drugs "administered by or with the privity of the accused as a means of forcing the victim to submit", or when she/he is unconscious, as these situations are dealt under subsection (A) of
410:
law stated in Sec. 3-318 that, if the spouses are living together, a prosecution can take place only if the accused "uses force or threat of force and the act is without the consent of the spouse". This changed with the passing of Senate Bill 129 in 2023, which removed the "spousal defense" described
228:
Though laws had changed in every state by 1993, in only 17 states was marital rape treated the same as non-marital rape. In the other states, there continued to be significant differences in the way marital rape and non-marital rape were treated, such as less severe penalties, or excluding situations
614:
In 2012, a man who got his 13-year-old live-in girlfriend pregnant tried to rely on this law. The man, who was of Mexican origin, argued that according to the norms as they exist in his culture, their relationship was "sort of like a trial marriage." The court rejected this argument, ruling that the
556:
In the case of criminal sexual conduct when the victim and perpetrator are married but do not live together as a married couple, first and second degree forms of sexual assault are included in the definition of rape, but not third degree forms. So, for example, drugging and raping a spouse from whom
547:
Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they
294:
sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat thereof, due to exemptions created by Article 609.349 'Voluntary relationships' which stipulated that certain sexual offenses do not apply to spouses
338:
Having sex with someone other than one's spouse without their consent was recognized as a different crime. However, Section 261 indicated that this only applied if the victim was "incapable because of a mental disorder or developmental or physical disability". Otherwise, the victim was required to
140:
reduced their legal tolerance of marital rape in 1974 but did not entirely eliminate the spousal exception in their rape laws. Michigan criminalized marital rape only when a couple had filed for divorce and were living apart. Delaware criminalized rape of a "voluntary social companion," which could
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signed 2021 Assembly Bill 1171 into law, eliminating section 262 of the California Penal Code. AB-1171 repealed the provisions relating to spousal rape and made conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets
351:
stipulate that, wherever "consent is at issue", "a current or previous dating or marital relationship shall not be sufficient to constitute consent", neither is "evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth
397:
statute 18-6101 defines criminal rape, not excluding marital rape, as the oral, vaginal, or anal penetration by a penis and either the inability of the victim to give legal consent, the victim resisting but being overcome by force or violence, the victim being prevented from resisting, the victim
248:
Married persons cohabiting (spouses living together under ordinary circumstances), many state laws were initially very restrictive, criminalizing only the "worst" forms of domestic sexual violence (e.g. requiring violence, a higher level of threat, injury etc.; and often punishing the crime less
458:
law appears to require force or threat of force. Article 200.373 states that: "It is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force." This seems to imply that if
376:
No spouse or cohabitor shall compel the other spouse or cohabitor to engage in sexual intercourse by the use of force against such other spouse or cohabitor, or by the threat of the use of force against such other spouse or cohabitor which reasonably causes such other spouse or cohabitor to fear
180:
in 1978. In the case, the husband was accused of raping his wife, the first man in the United States to be charged with raping his wife while they were still living together. The trial was the first in Oregon relating to marital rape since the state revised its rape law in 1977 to eliminate the
278:
until 2005, when it was repealed. The law stated that a person could be guilty of the rape of a spouse at a time they are living together only if that person either "was armed with a weapon or any article used or fashioned in a manner to lead the alleged victim to reasonably believe it to be a
60:
in 1978 was the first in which someone stood trial for raping his spouse while they lived together. By 1993, marital rape was a crime nationwide. Still, in the 1990s, most states continued to differentiate between the way marital rape and non-marital rape were viewed and treated. The laws have
552:
This definition does not include all types of force under first degree sexual assault definitions, such as rape combined with felony acts – like forcible confinement, kidnapping, trafficking in persons, or extortion – or cases where the married victim was drugged by their rapist.
590:
in the United States have come to increased scrutiny in recent years. Although the general marriage age is 18 in most of the United States, 40 states allow marriage under the age of 18 with parental and/or court consent. Such exceptions can create conflicts between
286:
had an exemption preventing a spouse from being prosecuted with third-degree-rape against the other spouse. Washington removed its exemptions for first-degree rape and second-degree rape in 1983, but the exemption for third-degree rape was removed 30 years later.
161:
also eliminated the spousal exemption in 1975. The state modernized its law to use the term "sexual assault" rather than "rape", and to be gender neutral, rather than to assume a male perpetrator and female victim. The change in law was the result of advocacy by
302:
A 2003 study found that "twenty-four states and the District of Columbia have abolished marital immunity for sexual offenses ... twenty-six states retain marital immunity in one form or another". Since 2003, several states have reformed their laws (see above).
244:
Married persons who were in an abnormal marriage (e.g. separated, one spouse had filed for divorce etc.), who were often treated in an intermediate way, although many states treated them either as unmarried persons or as married cohabiting persons,
100:(r. 927–939) where upon the law holds that even "were the party of no chaste life, but a whore, yet there may be ravishment: but it is a good plea to say she was his concubine". This would continue to be accepted as a statement of the law in 346:
defines "consent" as "positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved". Sections 261.6 and
503:
B. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another
201:
stated that "a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman". Similarly, in
427:'Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person 381:
The spousal rape law of Connecticut makes reference to force used or threatened against the "other spouse or cohabitor" while the 'ordinary' sexual assault law deals with force used or threatened against the "other person
360:
the definition of rape, except that sexual intercourse with a person who is "incapable of giving legal consent because of mental disorder or developmental or physical disability" is not rape if the 2 people are married.
371:
Penal Code Sec. 53a-70b deals with forced sex with a spouse. This does not apply only to spouses but also to unmarried cohabitants. The law is more narrow than the other sex laws and it has a shorter penalty. It reads:
1927: 61:
continued to change and evolve, with most states reforming their laws in the 21st century. However, there are still states where marital rape and non-marital rape are treated quite differently under the law.
1077: 173:
Some laws of the 1970s required the husband and wife to no longer be living together for marital rape charges to be brought. The case in the United States that first challenged this cohabitation clause was
557:
you are separated is against the law, but if they are unable to give consent because of substances they took themselves or were given by a third party, having sex with them is not legally defined as rape.
181:
marital rape immunity. Although the husband was acquitted of raping his wife, it spurred the movement towards reform; many American states began to allow prosecution for marital and cohabitation rape.
1177: 1844: 479:
that deals with drugging someone "surreptitiously or by force, threat of force, or deception" to coerce them into sex does not apply in marriage (except in case of separation). The whole article
611:, though it does also require, "substantial evidence of a present intent and agreement to be married, continuous cohabitation, and a public declaration that the parties are husband and wife." 267:, for example, remains the only state where the force or violence used or threatened must be of a higher level (force or violence must be of a "high and aggravated nature" – see section below 423:, Section 750.520l excludes situations where the criminality comes solely due to the spouse being "mentally incapable, or mentally incapacitated". Section 750.520a Definitions reads: 755: 1372: 615:
exemption could be used only if the couple "objectively cohabited in the status of husband and wife, whether common law or otherwise," not if they merely believed they did.
257:, women's and other organizations have continued to lobby for the amendment of marital rape laws to ensure marital rape is regarded and treated like any other rape, though 1639: 299:, lacks the judgment to give a reasoned consent to sexual contact or sexual penetration" (see Article 609.341 for definitions). In 2019, these exemptions were repealed. 521:, Article § 11-37-2 "First degree sexual assault", has four subsections; while subsections 2, 3 and 4 apply to spouses, subsection 1 does not; it reads: "The accused, 1952: 1107: 1085: 1152: 1050: 1184: 1541: 1530: 732: 817: 89: 843: 868: 548:
are living together, constitutes the felony of spousal sexual battery and, upon conviction, a person must be imprisoned not more than ten years.
1957: 637: 592: 348: 343: 122:
In the United States, prior to the mid-1970s marital rape was exempted from ordinary rape laws. The exemption is also found in the 1962
762: 1942: 903: 328: 1342: 578: 1913: 1376: 942: 1300: 1573: 1555: 1022: 268: 1888: 74:
The views which contributed to rape laws not being applicable in marriage can be traced, at least partially, to 17th century
1859:"Child Marriage in America: Current Laws Are Failing to Protect Vulnerable Children and Teens « Tahirih Justice Center" 780: 924: 1808: 1783: 1765: 1715: 1690: 662: 84: 1740: 1463: 1099: 949:, Applied Research Forum, National Electronic Network on Violence Against Women, March 1999. Retrieved February 8, 2005. 1398: 332: 151:
quietly struck the spousal exemption from state law. The exception was restored not long afterward. According to the
1062: 471:, a rape that happens in marriage when the spouses are living together can only be charged under subsection A(2) of 1443: 258: 190: 509:
Section 1111 which define rape as intercourse "with a male or female who is not the spouse of the perpetrator".
1488: 1051:"Marital Immunity, Intimate Relationships, and Improper Inferences: A New Law on Sexual Offenses by Intimates" 1275: 740: 664:
Making Marital Rape Visible: A History of American Legal and Social Movements Criminalizing Rape in Marriage
331:) and for spousal rape (Section 262); the latter was treated as a less serious crime until the enactment of 1513: 1656: 1947: 1678: 1667: 704:
Geis, Gilbert (1978), "Rape in Marriage: Law and Law Reform in England, the United States, and Sweden",
681: 324: 166:
organizations and victim advocacy groups in Nebraska, and was introduced to the legislature by Senator
1208: 1858: 879: 163: 608: 261:
are not uniform, and the laws have changed numerous times, but differences remain in some states.
1209:"HB 1108 – 2013–14 – Modifying the definition of rape in the third degree and indecent liberties" 993: 283: 75: 1028:. Applied Research Forum, National Electronic Network on Violence Against Women. Archived from 189:
In some states, courts have struck down the marital exemption as unconstitutional. In the 1984
1425: 1338: 217:
By 1993, all states had withdrawn the marital rape exemptions, the last states to do so being
176: 101: 56: 24: 1332: 985: 123: 79: 1591: 911: 38:
Prior to the 1970s, marital rape was legal in every US state. It was partially outlawed in
1577: 1559: 946: 587: 148: 939: 78:, which was imported to the British American colonies. The 17th-century English jurist, 596: 583: 537: 264: 222: 105: 1875: 1570: 1552: 1029: 1936: 973: 225:(both in 1993) or the exemption had been declared judicially to be unconstitutional. 167: 717: 518: 356: 198: 144: 47: 28: 20: 16: 1252: 1230: 1178:"Eliminate Marital Exemptions for Rape in the Third Degree and Indecent Liberties" 638:"The Gradual Fall of the Marital Rape Exemption: The Curious Case of South Dakota" 97: 529:, or who is mentally unable to communicate unwillingness to engage in the act".) 237:
During the 1990s many states differentiated between three categories of victims:
114:
in 1991, where it was described as an anachronistic and offensive legal fiction.
444: 368: 141:
include a wife; this crime was treated less seriously than other forms of rape.
1832: 1078:"Why Reproductive Rights Advocates Need to Start Paying Attention to Tennessee" 96:(c. 1210 – c. 1268) in support of this rule, said to derived from laws of King 1809:"South Carolina Code 16-3-658. Criminal sexual conduct; when victim is spouse" 1640:"Ohio legislators propose removing statute of limitations on rape convictions" 320: 147:
totally outlawed marital rape from 1975 to 1977. A bill introduced by Senator
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being unconscious, or when the victim submits under certain false pretenses.
327:
in 1979. However, there are separate criminal offenses for non-spousal rape (
1716:"South Carolina Code 16-3-653. Criminal sexual conduct in the second degree" 291: 275: 254: 32: 1784:"South Carolina Code 16-3-654. Criminal sexual conduct in the third degree" 1691:"South Carolina Code 16-3-652. Criminal sexual conduct in the first degree" 1153:"Washington Closes Troubling Marital Rape Loophole, to the Relief of Wives" 1625: 566: 492: 420: 407: 218: 158: 137: 133: 51: 43: 39: 311:
Some states continue to treat marital and non-marital rape differently:
997: 203: 93: 455: 1613: 1602: 989: 543:
South Carolina Code 16-3-615, titled Spousal sexual battery, reads:
1337:. University Park, Pennsylvania: Penn State Press. pp. 53–55. 241:
Unmarried persons, who had full protection by sexual offenses laws,
394: 110: 1183:. Washington Coalition of Sexual Assault Programs. Archived from 1895:. Iowa State University Center for Agricultural Law and Taxation 604: 468: 495:, rape by a spouse can only be charged under subsection (B) of 733:"Valley paper criticized over pastor's column on spousal rape" 126:, which stated that "A male who has sexual intercourse with a 1893:
The AG Docket: Perspective on Current Agricultural Law Issues
1889:"Iowa Court of Appeals Says Common-Law Marriage Established" 818:"Oregon Man Found Not Guilty On a Charge of Raping His Wife" 1276:"Marital rape is no longer legal in Minnesota with new law" 323:, marital rape was recognized as a crime by Section 262 of 1301:"Walz signs repeal of marital rape exemption in Minnesota" 297:
administered to that person without the person's agreement
1845:"You can still get married at 12 in some parts of the US" 229:
where no violence is used, or shorter reporting periods.
155:
South Dakota was the first state to outlaw marital rape.
1367: 1365: 1363: 1361: 1766:"South Carolina Code 16-3-615. Spousal sexual battery" 1741:"South Carolina Code 16-3-615. Spousal sexual battery" 974:"Contest and Consent: A Legal History of Marital Rape" 873:
64 N.Y.2d 152, 474 N.E.2d 567, 485 N.Y.S.2d 207(1984)"
527:
administered to that person without his or her consent
82:(1609–1676), stated the position of the common law in 431:, or due to any other act committed upon that person 844:"Rape and Marriage: A look back at the Rideout case" 1876:
https://www.legis.iowa.gov/docs/code/2016/709.4.pdf
35:, though the details of the offence vary by state. 1587: 1585: 761:. Fordham University School of Law. Archived from 1626:"Ohio HB234 – 2015-2016 – 131st General Assembly" 781:"Marital Rape: Drive for Tougher Laws is Pressed" 1044: 1042: 1035:on 2013-07-24 – via University of Hawaii. 545: 501: 374: 92:(1488–1544), for instance, he cites the jurist 1255:. Minnesota: Office of the Revisor of Statutes 1233:. Minnesota: Office of the Revisor of Statutes 206:, the marital exemptions from the sodomy law ( 1420: 1418: 1016: 1014: 631: 629: 627: 8: 1464:"Code of Maryland, Criminal Law, Sec. 3–318" 1334:Date Rape: Feminism, Philosophy, and the Law 1514:"Maryland Repeals Spousal Defense for Rape" 1444:"Section 18-6101 – Idaho State Legislature" 1326: 1324: 1322: 1320: 811: 809: 676: 674: 656: 654: 600:under the age of 18, without exceptions. 802:. New York: The Free Press. p. 172. 768:on 2013-10-29 – via Prentice Hall. 798:Finkelhor, David; Yllo, Kersti (1985). 623: 1953:Domestic violence in the United States 1887:Tidgren, Kristine (6 September 2016). 1399:"Bill Text - AB-1171 Rape of a spouse" 908:494 So. 2d 819 (Ala. Crim. App. 1986)" 800:License to Rape: Sexual Abuse of Wives 756:"Selected Model Penal Code Provisions" 1021:Bergen, Raquel Kennedy (March 1999). 842:Woodworth, Whitney (13 August 2016). 595:laws and the marriage age, with most 214:(1986)) were found unconstitutional. 85:The History of the Pleas of the Crown 7: 1426:"Chapter 952 - Penal Code: Offenses" 972:Hasday, Jill Elaine (October 2000). 1076:Walden, Rachel (November 5, 2008). 816:Ledbetter, Les (28 December 1978). 682:"SPOUSAL RAPE LAWS: 20 YEARS LATER" 573:Marriageable age and age of consent 333:2021 California Assembly Bill 1171 31:by a spouse) is illegal in all 50 14: 579:Marriage age in the United States 185:Laws change in all states by 1993 130:is guilty of rape if: ...". 46:in 1974, then wholly outlawed in 1110:from the original on 2022-04-06 754:Denno, Deborah W. (Fall 2009). 739:. July 22, 2011. Archived from 210:(1986)) and from the rape law ( 104:until it was overturned by the 1211:. Washington State Legislature 779:Barden, J. C. (May 13, 1987). 667:(PhD). University of Nebraska. 259:rape laws in the United States 1: 1958:Marriage in the United States 1299:Ferguson, Dana (2 May 2019). 1130:"Tenn. Code Ann. § 39-13-503" 1493:General Assembly of Maryland 1468:General Assembly of Maryland 1151:Minard, Anna (May 2, 2013). 645:Veteran Feminists of America 1679:Webserver.rilin.state.ri.us 1668:Webserver.rilin.state.ri.us 910:. Fall 2002. Archived from 497:Section 1111 – Rape Defined 1976: 1489:"Maryland Senate Bill 129" 1403:leginfo.legislature.ca.gov 1104:Tennessee General Assembly 576: 433:without his or her consent 429:without his or her consent 355:October 7, 2021, Governor 1943:Rape in the United States 1914:Statecasefiles.justia.com 1274:Vera, Amir (2019-05-03). 384:or against a third person 274:A similar law existed in 253:In the 1990s and beyond, 191:New York Court of Appeals 1928:Marital Rape and the Law 1373:"CA Codes (pen:261-269)" 1331:Francis, Leslie (2010). 938:Bergen, Raquel Kennedy, 411:in Sec. 3-318 entirely. 344:Penal Code Section 261.6 233:Toward uniform treatment 54:in 1975. The court case 661:Ross, Joann M. (2015). 342:Since January 1, 2019, 325:California's Penal Code 1518:Tahirih Justice Center 1049:Anderson, Michelle J. 958:Russell, Diana E. H., 550: 506: 481:2907.03 Sexual battery 379: 978:California Law Review 928:500 So.2d 1301 (1986) 1055:Hastings Law Journal 737:Anchorage Daily News 523:not being the spouse 290:Until July 2019, in 164:second wave feminist 118:1970s: change begins 1100:"SB 0556 (HB 1116)" 1082:Women's Health News 706:Adelaide Law Review 609:common law marriage 128:female not his wife 1576:2012-10-17 at the 1558:2012-10-16 at the 1542:Legislature.mi.gov 1531:Legislature.mi.gov 962:, Macmillan, 1990. 945:2011-10-06 at the 822:The New York Times 269:Current State laws 76:English common law 1379:on 8 January 2016 1231:"609.349 MS 2018" 906:Williams v. State 871:People v. Liberta 848:Statesman Journal 636:Johnson, Mollie. 352:control device". 208:Williams v. State 195:People v. Liberta 177:Oregon v. Rideout 102:England and Wales 57:Oregon v. Rideout 25:domestic violence 1965: 1916: 1911: 1905: 1904: 1902: 1900: 1884: 1878: 1873: 1867: 1866: 1855: 1849: 1848: 1841: 1835: 1833:Leg1.state.va.us 1830: 1824: 1823: 1821: 1819: 1805: 1799: 1798: 1796: 1794: 1780: 1774: 1773: 1762: 1756: 1755: 1753: 1751: 1737: 1731: 1730: 1728: 1726: 1712: 1706: 1705: 1703: 1701: 1687: 1681: 1676: 1670: 1665: 1659: 1654: 1648: 1647: 1636: 1630: 1629: 1622: 1616: 1611: 1605: 1600: 1594: 1589: 1580: 1568: 1562: 1550: 1544: 1539: 1533: 1528: 1522: 1521: 1510: 1504: 1503: 1501: 1499: 1485: 1479: 1478: 1476: 1474: 1460: 1454: 1453: 1451: 1450: 1440: 1434: 1433: 1422: 1413: 1412: 1410: 1409: 1395: 1389: 1388: 1386: 1384: 1375:. Archived from 1369: 1356: 1355: 1353: 1351: 1328: 1315: 1314: 1312: 1311: 1296: 1290: 1289: 1287: 1286: 1271: 1265: 1264: 1262: 1260: 1249: 1243: 1242: 1240: 1238: 1227: 1221: 1220: 1218: 1216: 1205: 1199: 1198: 1196: 1195: 1189: 1182: 1174: 1168: 1167: 1165: 1163: 1148: 1142: 1141: 1139: 1137: 1126: 1120: 1119: 1117: 1115: 1096: 1090: 1089: 1084:. Archived from 1073: 1067: 1066: 1061:. Archived from 1046: 1037: 1036: 1034: 1027: 1018: 1009: 1008: 1006: 1004: 984:(5): 1373–1505. 969: 963: 960:Rape in Marriage 956: 950: 936: 930: 922: 916: 915: 900: 894: 893: 891: 890: 884: 878:. Archived from 877: 865: 859: 858: 856: 854: 839: 833: 832: 830: 828: 813: 804: 803: 795: 789: 788: 776: 770: 769: 767: 760: 751: 745: 744: 729: 723: 715: 709: 702: 696: 695: 693: 692: 686: 678: 669: 668: 658: 649: 648: 642: 633: 426: 377:physical injury. 124:Model Penal Code 80:Sir Matthew Hale 1975: 1974: 1968: 1967: 1966: 1964: 1963: 1962: 1933: 1932: 1924: 1919: 1912: 1908: 1898: 1896: 1886: 1885: 1881: 1874: 1870: 1863:www.tahirih.org 1857: 1856: 1852: 1847:. 9 March 2016. 1843: 1842: 1838: 1831: 1827: 1817: 1815: 1807: 1806: 1802: 1792: 1790: 1782: 1781: 1777: 1764: 1763: 1759: 1749: 1747: 1739: 1738: 1734: 1724: 1722: 1714: 1713: 1709: 1699: 1697: 1689: 1688: 1684: 1677: 1673: 1666: 1662: 1655: 1651: 1644:Aurora Advocate 1638: 1637: 1633: 1624: 1623: 1619: 1612: 1608: 1601: 1597: 1592:Leg.state.nv.us 1590: 1583: 1578:Wayback Machine 1569: 1565: 1560:Wayback Machine 1551: 1547: 1540: 1536: 1529: 1525: 1512: 1511: 1507: 1497: 1495: 1487: 1486: 1482: 1472: 1470: 1462: 1461: 1457: 1448: 1446: 1442: 1441: 1437: 1424: 1423: 1416: 1407: 1405: 1397: 1396: 1392: 1382: 1380: 1371: 1370: 1359: 1349: 1347: 1345: 1330: 1329: 1318: 1309: 1307: 1298: 1297: 1293: 1284: 1282: 1273: 1272: 1268: 1258: 1256: 1251: 1250: 1246: 1236: 1234: 1229: 1228: 1224: 1214: 1212: 1207: 1206: 1202: 1193: 1191: 1187: 1180: 1176: 1175: 1171: 1161: 1159: 1150: 1149: 1145: 1135: 1133: 1128: 1127: 1123: 1113: 1111: 1098: 1097: 1093: 1075: 1074: 1070: 1048: 1047: 1040: 1032: 1025: 1020: 1019: 1012: 1002: 1000: 990:10.2307/3481263 971: 970: 966: 957: 953: 947:Wayback Machine 937: 933: 926:Merton v. State 923: 919: 902: 901: 897: 888: 886: 882: 875: 867: 866: 862: 852: 850: 841: 840: 836: 826: 824: 815: 814: 807: 797: 796: 792: 778: 777: 773: 765: 758: 753: 752: 748: 731: 730: 726: 716: 712: 703: 699: 690: 688: 684: 680: 679: 672: 660: 659: 652: 640: 635: 634: 625: 621: 588:forced marriage 581: 575: 563: 535: 515: 489: 465: 453: 441: 424: 417: 404: 392: 366: 317: 309: 235: 212:Merton v. State 187: 149:Grace Mickelson 120: 108:in the case of 72: 67: 12: 11: 5: 1973: 1972: 1969: 1961: 1960: 1955: 1950: 1945: 1935: 1934: 1931: 1930: 1923: 1922:External links 1920: 1918: 1917: 1906: 1879: 1868: 1850: 1836: 1825: 1800: 1775: 1757: 1732: 1707: 1682: 1671: 1660: 1649: 1631: 1617: 1614:Codes.ohio.gov 1606: 1603:Codes.ohio.gov 1595: 1581: 1563: 1545: 1534: 1523: 1505: 1480: 1455: 1435: 1430:www.cga.ct.gov 1414: 1390: 1357: 1343: 1316: 1291: 1266: 1253:"609.341 2021" 1244: 1222: 1200: 1169: 1143: 1121: 1091: 1088:on 2021-01-08. 1068: 1065:on 2013-10-29. 1038: 1023:"Marital Rape" 1010: 964: 951: 940:"Marital Rape" 931: 917: 914:on 2013-10-29. 895: 860: 834: 805: 790: 785:New York Times 771: 746: 743:on 2013-10-29. 724: 710: 697: 670: 650: 622: 620: 617: 597:statutory rape 593:age of consent 577:Main article: 574: 571: 562: 559: 538:South Carolina 534: 533:South Carolina 531: 514: 511: 499:which states: 488: 485: 464: 461: 452: 449: 440: 437: 416: 413: 403: 400: 391: 388: 365: 362: 316: 313: 308: 307:Current status 305: 265:South Carolina 251: 250: 246: 242: 234: 231: 223:North Carolina 186: 183: 153:New York Times 119: 116: 106:House of Lords 71: 68: 66: 63: 13: 10: 9: 6: 4: 3: 2: 1971: 1970: 1959: 1956: 1954: 1951: 1949: 1946: 1944: 1941: 1940: 1938: 1929: 1926: 1925: 1921: 1915: 1910: 1907: 1894: 1890: 1883: 1880: 1877: 1872: 1869: 1864: 1860: 1854: 1851: 1846: 1840: 1837: 1834: 1829: 1826: 1814: 1813:LawServer.com 1810: 1804: 1801: 1789: 1788:LawServer.com 1785: 1779: 1776: 1771: 1767: 1761: 1758: 1746: 1745:LawServer.com 1742: 1736: 1733: 1721: 1720:LawServer.com 1717: 1711: 1708: 1696: 1695:LawServer.com 1692: 1686: 1683: 1680: 1675: 1672: 1669: 1664: 1661: 1658: 1653: 1650: 1645: 1641: 1635: 1632: 1627: 1621: 1618: 1615: 1610: 1607: 1604: 1599: 1596: 1593: 1588: 1586: 1582: 1579: 1575: 1572: 1567: 1564: 1561: 1557: 1554: 1549: 1546: 1543: 1538: 1535: 1532: 1527: 1524: 1519: 1515: 1509: 1506: 1494: 1490: 1484: 1481: 1469: 1465: 1459: 1456: 1445: 1439: 1436: 1431: 1427: 1421: 1419: 1415: 1404: 1400: 1394: 1391: 1378: 1374: 1368: 1366: 1364: 1362: 1358: 1346: 1344:9780271038162 1340: 1336: 1335: 1327: 1325: 1323: 1321: 1317: 1306: 1302: 1295: 1292: 1281: 1277: 1270: 1267: 1254: 1248: 1245: 1232: 1226: 1223: 1210: 1204: 1201: 1190:on 2015-10-17 1186: 1179: 1173: 1170: 1158: 1154: 1147: 1144: 1131: 1125: 1122: 1109: 1105: 1101: 1095: 1092: 1087: 1083: 1079: 1072: 1069: 1064: 1060: 1056: 1052: 1045: 1043: 1039: 1031: 1024: 1017: 1015: 1011: 999: 995: 991: 987: 983: 979: 975: 968: 965: 961: 955: 952: 948: 944: 941: 935: 932: 929: 927: 921: 918: 913: 909: 907: 899: 896: 885:on 2015-08-07 881: 874: 872: 864: 861: 849: 845: 838: 835: 823: 819: 812: 810: 806: 801: 794: 791: 786: 782: 775: 772: 764: 757: 750: 747: 742: 738: 734: 728: 725: 721: 720: 714: 711: 707: 701: 698: 683: 677: 675: 671: 666: 665: 657: 655: 651: 646: 639: 632: 630: 628: 624: 618: 616: 612: 610: 606: 601: 598: 594: 589: 585: 580: 572: 570: 568: 560: 558: 554: 549: 544: 541: 539: 532: 530: 528: 524: 520: 512: 510: 505: 500: 498: 494: 486: 484: 482: 478: 474: 470: 462: 460: 457: 450: 448: 446: 438: 436: 434: 430: 422: 414: 412: 409: 401: 399: 396: 389: 387: 385: 378: 373: 370: 363: 361: 358: 353: 350: 345: 340: 336: 334: 330: 326: 322: 314: 312: 306: 304: 300: 298: 293: 288: 285: 280: 277: 272: 270: 266: 262: 260: 256: 247: 243: 240: 239: 238: 232: 230: 226: 224: 220: 215: 213: 209: 205: 200: 196: 192: 184: 182: 179: 178: 171: 169: 168:Wally Barnett 165: 160: 156: 154: 150: 146: 142: 139: 135: 131: 129: 125: 117: 115: 113: 112: 107: 103: 99: 95: 91: 90:Lord Audley's 87: 86: 81: 77: 69: 64: 62: 59: 58: 53: 49: 45: 41: 36: 34: 30: 26: 22: 18: 1948:Marital rape 1909: 1897:. 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Ncdsv.org 445:Mississippi 439:Mississippi 369:Connecticut 364:Connecticut 329:Section 261 19:(a form of 1937:Categories 1571:Mscode.com 1553:Mscode.com 1449:2022-06-30 1408:2022-05-06 1350:29 January 1310:2019-05-20 1285:2019-05-20 1194:2015-06-09 889:2013-09-03 853:14 January 691:2020-08-16 619:References 321:California 315:California 284:Washington 249:severely). 70:Background 1770:LawServer 1383:22 August 722:1 AC 599. 292:Minnesota 276:Tennessee 255:feminists 98:Æthelstan 33:US states 1657:Oscn.net 1574:Archived 1556:Archived 1108:Archived 943:Archived 567:Virginia 561:Virginia 493:Oklahoma 487:Oklahoma 421:Michigan 415:Michigan 408:Maryland 402:Maryland 219:Oklahoma 197:, judge 193:case of 159:Nebraska 138:Delaware 134:Michigan 52:Nebraska 44:Delaware 40:Michigan 1899:22 June 1818:18 July 1793:18 July 1750:18 July 1725:18 July 1700:18 July 998:3481263 504:person. 204:Alabama 94:Bracton 65:History 1341:  1259:May 3, 1237:May 3, 1215:May 3, 1162:May 3, 1136:May 3, 1114:May 3, 1003:May 3, 996:  456:Nevada 451:Nevada 27:, and 1188:(PDF) 1181:(PDF) 1033:(PDF) 1026:(PDF) 994:JSTOR 883:(PDF) 876:(PDF) 766:(PDF) 759:(PDF) 719:R v R 685:(PDF) 641:(PDF) 584:Child 395:Idaho 390:Idaho 349:261.7 111:R v R 23:, of 1901:2019 1820:2019 1795:2019 1752:2019 1727:2019 1702:2019 1500:2022 1475:2022 1385:2015 1352:2021 1339:ISBN 1261:2022 1239:2022 1217:2022 1164:2022 1138:2022 1116:2022 1005:2022 855:2018 829:2019 605:Iowa 586:and 469:Ohio 463:Ohio 221:and 136:and 50:and 42:and 1280:CNN 986:doi 603:In 565:In 517:In 491:In 467:In 443:In 435:." 419:In 386:". 319:In 271:). 245:and 1939:: 1891:. 1861:. 1811:. 1786:. 1768:. 1743:. 1718:. 1693:. 1642:. 1584:^ 1516:. 1491:. 1466:. 1428:. 1417:^ 1401:. 1360:^ 1319:^ 1303:. 1278:. 1155:. 1106:. 1102:. 1080:. 1059:54 1057:. 1053:. 1041:^ 1013:^ 992:. 982:88 980:. 976:. 846:. 820:. 808:^ 783:. 735:. 673:^ 653:^ 643:. 626:^ 170:. 1903:. 1865:. 1822:. 1797:. 1772:. 1754:. 1729:. 1704:. 1646:. 1628:. 1520:. 1502:. 1477:. 1452:. 1432:. 1411:. 1387:. 1354:. 1313:. 1288:. 1263:. 1241:. 1219:. 1197:. 1166:. 1140:. 1118:. 1007:. 988:: 904:" 892:. 869:" 857:. 831:. 787:. 694:. 647:. 425:"

Index

Marital rape
partner rape
domestic violence
sexual abuse
US states
Michigan
Delaware
South Dakota
Nebraska
Oregon v. Rideout
English common law
Sir Matthew Hale
The History of the Pleas of the Crown
Lord Audley's
Bracton
Æthelstan
England and Wales
House of Lords
R v R
Model Penal Code
Michigan
Delaware
South Dakota
Grace Mickelson
Nebraska
second wave feminist
Wally Barnett
Oregon v. Rideout
New York Court of Appeals
Sol Wachtler

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