View Poll Results: Can a man be criminally/legally charged with raping his wife?

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  • Yes. Absolutely.

    60 68.18%
  • No. Definitely not.

    5 5.68%
  • Case-by-case basis. Not that black & white.

    21 23.86%
  • Other- please explain

    2 2.27%
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Thread: Spousal Rape - Crime of Rape, or Not ?????

  1. #131
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Aunt Spiker View Post
    Entirely circumstantial - if I'm not in the mood I'm not putting out. Simple. I'm not obligated no matter what and neither is he. Who wants to even have sex with their partner if their partner isn't in the mood? The idea is a turn off (and I'm a sex addict in therapy for chrsit's sake) I don't care what the reason is. Now if it goes on for years and years and it's not for an understandable reason - and the marriage just erodes - then you have affection withholding.
    The whole topic of 'is there an obligation' does not advance the thread. We disagree. I got that. So what. Time to let the dead horse lay and move on.

  2. #132
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    No, it wasn't. Before 1993, if a woman told her husband "no", yet he continued to have sex with her anyway, then there was nothing she could do with it. He could not be charged with rape of his wife. Even the military had an explicit exception for the UCMJ rape article that protected a man from getting charged under that article if the two were married.
    No links.

  3. #133
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    No he isn't. He is trying to get rid of being able to charge spouses for rape at all, essentially reinstating the old exceptions that prevented spouses from being charged with rape. There is not really separate laws for charging married and non-married people with rape. They are the same laws. The change that was made in the past simply removed the exemption of spouses from being charged (or at least husbands).

    In fact, if anything, I think people should be complaining that some laws still exempt women from being charged with rape at all. Husbands can be raped by their wives.
    So how do you prove spousal rape?

  4. #134
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    So how do you prove spousal rape?
    How do you prove most rapes? It is based on who is more believable? Perhaps the idiot actually admits to it. Perhaps the raped spouse has it happen enough that they try to trap the other. Perhaps they have children who testify or house guests. It could simply be an additional charge to go into the pattern of abusive behavior. It doesn't have to be proven in every case or really in even most cases for it to still be considered a criminal offense. It should remain illegal no matter how difficult it may be to prove. As long as one person can prove they were raped by their spouse, then the spouse should be able to be charged with rape.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  5. #135
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    How do you prove most rapes? It is based on who is more believable? Perhaps the idiot actually admits to it. Perhaps the raped spouse has it happen enough that they try to trap the other. Perhaps they have children who testify or house guests. It could simply be an additional charge to go into the pattern of abusive behavior. It doesn't have to be proven in every case or really in even most cases for it to still be considered a criminal offense. It should remain illegal no matter how difficult it may be to prove. As long as one person can prove they were raped by their spouse, then the spouse should be able to be charged with rape.
    So you don't know how to prove a rape. You want to keep a law you have no idea how to enforce.

  6. #136
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    So how do you prove spousal rape?

    Absent physical evidence (of physical coercion), it would be difficult.


    Certain types of bruising could be an indicator... but then again, some like it rough, so...

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  7. #137
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    No links.
    At least one was provided by another poster, but here are some more.

    Is marital rape a crime?

    Marital rape (United States law) - Wikipedia, the free encyclopedia

    Marital Rape | RAINN | Rape, Abuse and Incest National Network

    Even now, marital rape is still treated differently than regular rape in that either the laws concerning it require different standards to be met during the commission of the crime (such as only certain circumstances are considered rape when it comes to spouses) or the rapist is treated less harshly than other rapists (we are talking those already found guilty, so there would be no need to prove their guilty after that since it was already done). So if there is a separate law for marital/spousal rape, it would in fact not cause extra charges but rather be closer to a lesser crime being charged due solely to the marriage itself.

    Unless you can show where someone can be or has been charged with marital rape, and that led to the person receiving more punishment than had they not been married, then you don't have anything to go on here. It should all be rape, and those states that make a distinction are wrong in doing so, but not in the way you are contending. In fact, it is the opposite of what you are contending because those laws basically limit a spouse more harshly for what is considered rape. In some states, a husband or wife (and in fact I believe a wife would be more likely to do this one) could drug their spouse, have sex with them against their will, and not be charged with rape due to the way the laws are written. In fact, I could tell my husband "no" after drinking a little too much or being sick one night but if I don't fight back, there are states with laws that say this is not rape, even if my husband flat out admitted to doing this and that I said "no". If we weren't married, the above would be rape (remember, he confessed) in every state.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  8. #138
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    So you don't know how to prove a rape. You want to keep a law you have no idea how to enforce.
    There are plenty of ways to prove it, including pattern of past behavior (particularly abusive), witnesses (some people have children, even teenage children, who could hear their parents in the bedroom), or confession (either recorded, to a friend/acquaintance, or even authorities, heck, I'm willing to bet there are men who would take the stand and say right to the court, judge, and anyone else that he felt that it was his marital right to have sex with his wife no matter if she agreed to it). If there are exemptions though within laws that keep the crimes from being charged though, then there is no way to charge them with those crimes. It doesn't have to be proven in every case or even most cases for us to have the ability to ensure that when there is proof available that it is actually considered a crime.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  9. #139
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    At least one was provided by another poster, but here are some more.

    Is marital rape a crime?

    Marital rape (United States law) - Wikipedia, the free encyclopedia

    Marital Rape | RAINN | Rape, Abuse and Incest National Network

    Even now, marital rape is still treated differently than regular rape in that either the laws concerning it require different standards to be met during the commission of the crime (such as only certain circumstances are considered rape when it comes to spouses) or the rapist is treated less harshly than other rapists (we are talking those already found guilty, so there would be no need to prove their guilty after that since it was already done). So if there is a separate law for marital/spousal rape, it would in fact not cause extra charges but rather be closer to a lesser crime being charged due solely to the marriage itself.

    Unless you can show where someone can be or has been charged with marital rape, and that led to the person receiving more punishment than had they not been married, then you don't have anything to go on here. It should all be rape, and those states that make a distinction are wrong in doing so, but not in the way you are contending. In fact, it is the opposite of what you are contending because those laws basically limit a spouse more harshly for what is considered rape. In some states, a husband or wife (and in fact I believe a wife would be more likely to do this one) could drug their spouse, have sex with them against their will, and not be charged with rape due to the way the laws are written. In fact, I could tell my husband "no" after drinking a little too much or being sick one night but if I don't fight back, there are states with laws that say this is not rape, even if my husband flat out admitted to doing this and that I said "no". If we weren't married, the above would be rape (remember, he confessed) in every state.
    That's what I think. Rape is rape. Why should husbands get a lesser sentence?

  10. #140
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    There are plenty of ways to prove it, including pattern of past behavior (particularly abusive), witnesses (some people have children, even teenage children, who could hear their parents in the bedroom), or confession (either recorded, to a friend/acquaintance, or even authorities, heck, I'm willing to bet there are men who would take the stand and say right to the court, judge, and anyone else that he felt that it was his marital right to have sex with his wife no matter if she agreed to it). If there are exemptions though within laws that keep the crimes from being charged though, then there is no way to charge them with those crimes. It doesn't have to be proven in every case or even most cases for us to have the ability to ensure that when there is proof available that it is actually considered a crime.
    And why would you want a rapist to have a lighter punishment just because he's married to his victim? Is this one of the 'legal benefits' gays are asking for with marriage? Claim your spouse on taxes, get a slightly cheaper healthcare package, and oh yeah a lighter sentence for rape. Really?

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