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. #141
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    That's what I think. Rape is rape. Why should husbands get a lesser sentence?
    And the only time that they generally do when comparing marital to non-marital rape is when there are special laws covering spouses (instead of just charging them like any other rape), and it leads to a lesser sentence for husbands. There shouldn't be a lesser sentence just because a person is another's spouse. Circumstances in general might be grounds for a lesser sentence, but not merely the relationship itself.

    And Virginia actually has the laws right now. In fact, it is pretty cool that they offer marital counseling for couples where this happens as an alternative, because although there certainly are cases where it is rape, in others it is merely a misunderstanding between the two. Those people should seek help, even if the marriage doesn't survive the event, at least the people are not harmed by criminal charges, a trial, and/or possible conviction.

    http://www.criminaldefenselawyer.com...e-statutes.htm
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

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  2. #142
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    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?
    Where did I say anything about wanting the rapist to get a lighter conviction for being married? Please show me, because I think you are seriously reading things wrong here, either that, or you are trying to simply tick people off.
    "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.

  3. #143
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    And the only time that they generally do when comparing marital to non-marital rape is when there are special laws covering spouses (instead of just charging them like any other rape), and it leads to a lesser sentence for husbands. There shouldn't be a lesser sentence just because a person is another's spouse. Circumstances in general might be grounds for a lesser sentence, but not merely the relationship itself.

    And Virginia actually has the laws right now. In fact, it is pretty cool that they offer marital counseling for couples where this happens as an alternative, because although there certainly are cases where it is rape, in others it is merely a misunderstanding between the two. Those people should seek help, even if the marriage doesn't survive the event, at least the people are not harmed by criminal charges, a trial, and/or possible conviction.

    Virginia Marital Rape Laws and Penalties | Criminal Law
    It's just so odd....so many people coming to this thread to hate the idea of removing this spousal-rape law, when in fact the law is in the rapist's favor. I just don't understand people, they see the 'D' or the 'R' and don't read beyond that.

  4. #144
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    It's just so odd....so many people coming to this thread to hate the idea of removing this spousal-rape law, when in fact the law is in the rapist's favor. I just don't understand people, they see the 'D' or the 'R' and don't read beyond that.
    But it is because this man, this politician is not suggesting that there should be no distinction. He is in fact suggesting that there should be an exemption again that basically allows for men to rape their wives. His words on the matter show that he believes that it is wrong to charge husbands with any sort of rape when it is their wife bringing the charges. If he were merely suggesting no distinction, it wouldn't be an issue. Most would agree with him. But that isn't the case.
    "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. #145
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    But it is because this man, this politician is not suggesting that there should be no distinction. He is in fact suggesting that there should be an exemption again that basically allows for men to rape their wives. His words on the matter show that he believes that it is wrong to charge husbands with any sort of rape when it is their wife bringing the charges. If he were merely suggesting no distinction, it wouldn't be an issue. Most would agree with him. But that isn't the case.
    Where did he say that? Remember that OP's story comes from The Daily Beast, not exactly known for it's objective reporting.

  6. #146
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    Where did he say that? Remember that OP's story comes from The Daily Beast, not exactly known for it's objective reporting.
    He said that there was no way to get a conviction when it came to spouses living together. Granted, he said this in 2002, so it is outdated. However, he never retracted it, and says now simply that he has no stand on the issue. He was however debating, at the time, whether the rape laws should include spousal rape, him saying that they shouldn't, that the laws should not hold spouses able to be charged for rape.

    GOP Congressional Candidate: Spousal Rape Shouldn't Be a Crime | Mother Jones

    Although this isn't really a current issue, he at least did hold the position that spouses (or at least husbands, because I believe VA could be one of those places that refuses to recognize that men can get raped too) should be exempt from rape prosecution.

    In 2002, as the Virginia general assembly repealed a ban on spousal rape prosecution, Black wondered if it was really possible for a husband to rape his wife. He said changing the law could cause a man "enormous fear of the damage to his reputation" if his wife ever filed a false rape claim. Last month, after the Weekly Standard highlighted Black's remarks on spousal rape, a member of Black's congressional campaign staff emailed the Loudoun Progress to say, "Black was not taking a position for or against marital rape."*
    Last edited by roguenuke; 01-18-14 at 03:57 PM.
    "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.

  7. #147
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Dragonfly View Post
    Yahoo!



    So there it is.

    Man and woman are married.

    Can a man rape his wife? Can he be charged with the crime of rape? Sentenced and sent to jail?
    That kind of rape.

    Is there such a thing as spousal rape?

    Does no mean no in a marriage?

    Or is DICK Black's view reasonable and valid?
    Rape is rape. Marriage is not consent to have sex whenever one person feels like it. Yes there's spousal rape, though I'd still simply call it rape

  8. #148
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Goshin View Post
    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...
    My buddy is a JPO with the state, one of his colleagues used to date a woman who had a very odd fetish, a very concerning fetish, and a very dangerous fetish. The woman insisted he have his loaded(had to be loaded) firearm in her mouth with his hand on the trigger. For some reason she had to be on the razor's edge to be able to climax but that is about as dangerous as it gets IMO, needless to say the guy was getting worried about an accidental trigger pull because of the nature of what they were doing and left her, but damn, I don't think I could ever grant that request.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

  9. #149
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by LaMidRighter View Post
    My buddy is a JPO with the state, one of his colleagues used to date a woman who had a very odd fetish, a very concerning fetish, and a very dangerous fetish. The woman insisted he have his loaded(had to be loaded) firearm in her mouth with his hand on the trigger. For some reason she had to be on the razor's edge to be able to climax but that is about as dangerous as it gets IMO, needless to say the guy was getting worried about an accidental trigger pull because of the nature of what they were doing and left her, but damn, I don't think I could ever grant that request.


    Dayum.



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  10. #150
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Goshin View Post
    Dayum.


    Yep, from what I understand she is a little hottie too, but I don't care how pretty a lady is, that's just too messed up for my tastes.
    Neither side in an argument can find the truth when both make an absolute claim on it.

    LMR

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