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. #191
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    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.
    The law was changed sometime after 1985, but before 2002. I can link evidence that it was changed.

    http://www.d.umn.edu/cla/faculty/jha...ngs/Force.html

    "The most recent amendment to Article 120 made the offense of rape gender neutral and removed the spousal exception."

    This thread is about whether or not there should be an exemption for spouses, something that in some cases still does exist in some states, considering that some states still have laws that treat married and non-married accused/accuser situations differently in what is required in the crime to bring charges.
    "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.

  2. #192
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Mr.Nick View Post
    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....
    And there are still husbands and wives who abuse their spouses. There are still husbands and wives who married for the money or some form of power. There are still husbands and wives who kill their spouses. Just because there is an expectation that you love your wife (husband) doesn't mean everyone does or that it is necessary to prove love exists either before or during the marriage.

    For some people, causing pain and sadness is part of who they are. It is horrible and we need to ensure we try to protect people when we see/know about such things, but it is still part of reality.
    "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. #193
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    And there are still husbands and wives who abuse their spouses. There are still husbands and wives who married for the money or some form of power. There are still husbands and wives who kill their spouses. Just because there is an expectation that you love your wife (husband) doesn't mean everyone does or that it is necessary to prove love exists either before or during the marriage.

    For some people, causing pain and sadness is part of who they are. It is horrible and we need to ensure we try to protect people when we see/know about such things, but it is still part of reality.
    What you're saying is the exception not the rule..

    I don't think its usual that men rape their wives.

    And I don't think its "usual" that men rape anyone.

    Believe it or not, woman can rape men too you know....

  4. #194
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Mr.Nick View Post
    What you're saying is the exception not the rule..

    I don't think its usual that men rape their wives.

    And I don't think its "usual" that men rape anyone.

    Believe it or not, woman can rape men too you know....
    It's really not usual for a man to rape any woman. It is highly unusual in fact. In fact, crimes in general are not done by most people, especially major crimes. Most laws cover the exception to the rule. It isn't usual really for a person to go on a shooting spree at their job, killing multiple people, but we still ensure such incidents are covered within our laws. It isn't usual for people to sexually abuse their own children, but we still ensure that our laws cover such incidents.

    I advocate for laws to be changed to ensure that women can be charged with rape against men. I have said as much earlier in this thread. The only reason that sometimes I will refer to husbands raping wives more often is because a) that is more likely and b) that is the main contention being made by the representative mentioned in the OP, plus c) there are currently states that don't consider it rape if it happens to a man, particularly by a woman. Many of the laws in fact are written from the position that it will only apply to a man who rapes a woman, wife or not.
    "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. #195
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    The law was changed sometime after 1985, but before 2002. I can link evidence that it was changed.

    http://www.d.umn.edu/cla/faculty/jha...ngs/Force.html

    "The most recent amendment to Article 120 made the offense of rape gender neutral and removed the spousal exception."

    This thread is about whether or not there should be an exemption for spouses, something that in some cases still does exist in some states, considering that some states still have laws that treat married and non-married accused/accuser situations differently in what is required in the crime to bring charges.
    This thread is about something a politician said 12 years ago, because he's up for re-election. There is no pending legislation on this issue, no ballot initiative, nothing.

  6. #196
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    It's really not usual for a man to rape any woman. It is highly unusual in fact. In fact, crimes in general are not done by most people, especially major crimes. Most laws cover the exception to the rule. It isn't usual really for a person to go on a shooting spree at their job, killing multiple people, but we still ensure such incidents are covered within our laws. It isn't usual for people to sexually abuse their own children, but we still ensure that our laws cover such incidents.

    I advocate for laws to be changed to ensure that women can be charged with rape against men. I have said as much earlier in this thread. The only reason that sometimes I will refer to husbands raping wives more often is because a) that is more likely and b) that is the main contention being made by the representative mentioned in the OP, plus c) there are currently states that don't consider it rape if it happens to a man, particularly by a woman. Many of the laws in fact are written from the position that it will only apply to a man who rapes a woman, wife or not.
    I'm not saying we burn the criminal code because some crimes are unusual...

    However, how do you define rape anyways?

    Like I have previously said I have been in relationships were sometimes my girl didn't want to "have fun" but I "aggressively" got her in the mood...... Thats not rape. She just didn't want to have sex then but I did and then she did because I "put the moves on and we both had a good time.. This is all before she said "no, not now don't feel like it" - but hey, the same **** happened to me before too after a hard days work where I'm just too tired.

    That's not rape - that is "sacrifice" (if you want to call it that) for someone you love to make them happy.

    When I think rape I think about a man beating a woman and forcing himself on her and in her and disregarding any emotion, control or feeling that woman has under the situation..... And I just cant see a husband doing that (maybe some drunk loser husband that has been abusive to others his entire life and only gives a **** about himself)... What type of woman would marry or let alone date a dick like that anyways? I understand some woman love badboys but that goes way beyond being a "badboy."

  7. #197
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Mr.Nick View Post
    What you're saying is the exception not the rule..

    I don't think its usual that men rape their wives.

    And I don't think its "usual" that men rape anyone.

    Believe it or not, woman can rape men too you know....
    All types of men will commit rape in certain situations, war is the most common one. History shows that soldiers raping the conquered enemy women has been pretty common.

    That is why we need rape laws that don't exclude anyone.

    That is why we should think about the reality of what we are really getting into when we are being urged to go to war.

    "..As Allied troops entered and occupied German territory during the later stages of World War II, mass rapes took place, both in connection with combat operations and during the subsequent occupation that was to last many years. Most published and most numerous are the rapes committed by Soviet servicemen, for which estimates range from hundreds of thousands to two million.....

    [edit]In Taken by Force, J. Robert Lilly estimates the number of rapes committed by U.S. servicemen in Germany to be 11,040.[53] As in the case of the American occupation of France after the D-Day invasion, many of the American rapes in Germany in 1945 were gang rapes committed by armed soldiers at gunpoint.[54]

    Although non-fraternization policies were instituted for the Americans in Germany, the phrase "copulation without conversation is not fraternization" was used as a motto by United States Army troops...."
    Rape during the occupation of Germany - Wikipedia, the free encyclopedia
    Last edited by Hard Truth; 01-18-14 at 07:19 PM.

  8. #198
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Jerry View Post
    Where in the marriage contract did it say you weren't allowed to rape your wife?
    Right, that's why this law is needed, so some men understand that forcing their wives to have sex with them is rape and criminally chargeable. In past centuries, you can do almost anything to your wife short of*killing her and not be criminally liable, it's not a wonder to me that those men who are nostalgic about that era tend to be the same ones who want to get rid of the laws that curtail their abuses.

  9. #199
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Hard Truth View Post
    All types of men will commit rape in certain situations, war is the most common one. History shows that soldiers raping the conquered enemy women has been pretty common.

    That is why we need rape laws that don't exclude anyone.

    That is why we should think about the reality of what we are really getting into when we are being urged to go to war.

    "..As Allied troops entered and occupied German territory during the later stages of World War II, mass rapes took place, both in connection with combat operations and during the subsequent occupation that was to last many years. Most published and most numerous are the rapes committed by Soviet servicemen, for which estimates range from hundreds of thousands to two million.....

    [edit]In Taken by Force, J. Robert Lilly estimates the number of rapes committed by U.S. servicemen in Germany to be 11,040.[53] As in the case of the American occupation of France after the D-Day invasion, many of the American rapes in Germany in 1945 were gang rapes committed by armed soldiers at gunpoint.[54]

    Although non-fraternization policies were instituted for the Americans in Germany, the phrase "copulation without conversation is not fraternization" was used as a motto by United States Army troops...."
    Rape during the occupation of Germany - Wikipedia, the free encyclopedia
    Well I wouldn't rape anyone, and maybe the military should allow its servicemen and woman to have relations, just as long as it doesn't cause a conflict of interest.

    Also, I think the cases of rape in Germany are a bit high....

    You think the German public would be grateful for a gang of rapists. Now the Russians on the other hand are a completely different story when they marched down and basically took Berlin..... Remember US soldiers are held to the highest scrutiny imaginable....

    I'm sure the Nazi's had their way with the woman tho - look at what they did when they were done with them.

    I think most "violent political revolutions" or coups have a lot of rape because it's basically anarchy and everyone turns into an animal (at least most).

  10. #200
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    Not after just a week, not if you expect to find her at fault for the divorce. That is way to short of time.

    I overstated that a bit, sorry. What I mean is, if intimacy is declined for more than a week or two without a good explanation, there's a problem and there's going to be a discussion... and some kind of resolution within a reasonable period of time. Cutting off your partner without a damn good reason, whether done by the man or the woman, is a major breach of the marital relationship.

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