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. #181
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    Those exemptions regard, for example, when a man is legally married to someone below the age of consent. Normally this would be statutory rape, but their marriage protects him from that charge.

    The Senator opposed the law because he didn't see how it could be enforced. Neither do you. Neither do I. And that's my point. When there's no evidence of a rape, the wife shouldn't have a card to play to ruin her husband's reputation. The law should be struck down, but here's the thing...the law is not in jeopardy. There is no pending legal action taking place here. No pending legislation, no pending court opinion. Nothing.

    Add to that the fact that this is all 12 years old.

    This is why I have no reservation necro'ing a year-old thread, because here we have someone necro'ing a 12-year-old quote.
    Wrong. They were in place because of old school beliefs that sex was an obligation of marriage. Those cases that were being brought to court involved adults, not children or underage brides. The prosecution could not convict a spouse (particularly a husband) of rape of his wife because of such exemptions. This did not have to just do with underage brides. I can remember the UCMJ law dealing with this. It was blatant that there was exemption for marital rape under the rape article.

    And I believe that most rapes are and should be difficult to prosecute, but that doesn't mean I believe we should prevent the possibility of prosecution by having exemptions within the laws.

    But this was a poll, to judge others' beliefs about this, based on this being brought up in the news. It doesn't really matter to most since most on here won't be voting for or against this guy anyway. But it still is a political matter, that obviously there are still some who believe exemptions for such situations should exist that prevent husbands from being charged with rape of their spouse/wife.
    Last edited by roguenuke; 01-18-14 at 05:35 PM.
    "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. #182
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    It is interesting that from what I see most people still use traditional vows: "I _____ TAKE you ______ to be my wife/husband. To HAVE and to HOLD, for BETTER OR FOR WORSE, For RiCHER or POORER, In sickness and in health, for long as we both shall live (or forevermore or until death do us part).

    Really most should just add "NOT!" at the end of that.

  3. #183
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Meh. Any woman I married who declined intimacy for more than a week or two, without a pretty damn good reason, would get her walking papers anyway. Grounds for divorce in many states, as it should be.


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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    Wrong. They were in place because of old school beliefs that sex was an obligation of marriage. Those cases that were being brought to court involved adults, not children or underage brides. The prosecution could not convict a spouse (particularly a husband) of rape of his wife because of such exemptions. This did not have to just do with underage brides. I can remember the UCMJ law dealing with this. It was blatant that there was exemption for marital rape under the rape article.
    If you remember it then I'm sure you can quote it, with a working link to your source. And then there's the Senator's question of how do you prove it when there's no injury, no separation, and they share a bed anyway?

  5. #185
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    If you remember it then I'm sure you can quote it, with a working link to your source. And then there's the Senator's question of how do you prove it when there's no injury, no separation, and they share a bed anyway?
    As I said, there are confessions, witnesses, and other things. How do you prove that a person was raped by a date or a roommate that they go home with? It is difficult but that doesn't mean it should be exempt from prosecution.

    As for cases that dealt with this, here you go:

    People v. Liberta | Casebriefs

    The other two dealt with the exemptions being found unconstitutional when it comes to rape or forcible sodomy based on appeals against the laws by two different men who were convicted because they weren't married to the victim. Merton v State and Williams v State (both in Alabama).
    "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.

  6. #186
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    Why does there have to be physical force? What if the wife is passed out drunk? What if the husband/wife is slipped a date rape drug? What if they are physically incapable of fighting back? What if the husband or wife controls the money and basically uses that control to get the sex? "If you want to sleep in the bed tonight, you have to have sex with me." Would that be merely abuse or abuse and rape? Afterall, if someone were using some other form of coercion, it can be considered rape. Basically, if it is rape between non-married people, it should also count as rape between married people. It wouldn't change the evidence or requirements to convict, "beyond a reasonable doubt", but it would allow for conviction when the evidence is there without having laws preventing that.
    What type of husband would slip his wife a date rape drug??

    As far as money??? Do you have any idea how many woman just marry and screw men for their money?

    Also, who the hell would rape their wife when shes a sleep?

    That would be one dysfunctional marriage.

    "I'm not ****ing you unless you give me money" sounds more like a hooker/john scenario rather than a marriage. If a woman played that **** with me she would be sleeping in the car and not my bed.

  7. #187
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Goshin View Post
    Meh. Any woman I married who declined intimacy for more than a week or two, without a pretty damn good reason, would get her walking papers anyway. Grounds for divorce in many states, as it should be.


    There's more fish in the ocean.
    Not after just a week, not if you expect to find her at fault for the divorce. That is way to short of time.
    "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. #188
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Mr.Nick View Post
    What type of husband would slip his wife a date rape drug??

    As far as money??? Do you have any idea how many woman just marry and screw men for their money?

    Also, who the hell would rape their wife when shes a sleep?

    That would be one dysfunctional marriage.

    "I'm not ****ing you unless you give me money" sounds more like a hooker/john scenario rather than a marriage. If a woman played that **** with me she would be sleeping in the car and not my bed.
    What kind of man would rape his wife forcibly? In fact, what kind of a man would slip any woman a date rape drug or get her passed out drunk to have sex with her? What kind of a man would coerce any woman to have sex with him? The same goes for women.

    There are plenty of dysfunctional, and more appropriate to this conversation, abusive, marriages out there. It is sad, but true. The fact that most aren't should not be a reason to exempt spouses from rape charges for any reason that I can think of.
    "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. #189
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    As I said, there are confessions, witnesses, and other things. How do you prove that a person was raped by a date or a roommate that they go home with? It is difficult but that doesn't mean it should be exempt from prosecution.

    As for cases that dealt with this, here you go:

    People v. Liberta | Casebriefs

    The other two dealt with the exemptions being found unconstitutional when it comes to rape or forcible sodomy based on appeals against the laws by two different men who were convicted because they weren't married to the victim. Merton v State and Williams v State (both in Alabama).
    So you can't quote the UCMJ law you referred to. Got it.

    Maybe if this thread were about something recent and relevant to today's laws, then I would bother looking at case law. That just takes to much time when there's nothing actually pending. So thanks for the Google search, but I just don't care this much.

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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    What kind of man would rape his wife forcibly? In fact, what kind of a man would slip any woman a date rape drug or get her passed out drunk to have sex with her? What kind of a man would coerce any woman to have sex with him? The same goes for women.

    There are plenty of dysfunctional, and more appropriate to this conversation, abusive, marriages out there. It is sad, but true. The fact that most aren't should not be a reason to exempt spouses from rape charges for any reason that I can think of.
    But you're supposed to love your wife, and you don't hurt people you love.

    I'm sure there are plenty of sociopaths out there who just don't give a **** tho.

    Sorry I just cant conceive of anyone doing anything like that, although I sadly know it happens.

    Is causing pain and suffering worth it to just "get off."

    At the same time there are plenty of woman out there who love kinky sex (and have whacked fantasies) which blurs the line even more. I've had experiences with chicks like that before and it made me highly uncomfortable....

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