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. #241
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Phys251 View Post
    Any sort of grey area MUST err on the side of caution. If we consider set A to be the set of sexual acts that are clearly consensual, C to be the ones that are clearly nonconsensual, and B to be the ones where it's not clear what the status is, then we must treat the set of acts in set B with the same scorn as those in set C. Trivializing set B is a key component of rape culture.
    I have a hard time seeing how it can be proven. An "I do" and marriage license sort of means a standing consent understanding to some people. If I were on a jury being asked to convict or acquit spousal rape case I'd expect other evidence of abuse and/or efforts to separate prior to the event in question.
    Having opinions all over the map is a good sign of a person capable of autonomous thinking. Felix -2011

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

    Quote Originally Posted by nonpareil View Post
    Yeah, that man-friend must be a really credible source about his wife being a "cold bitch". But if she willingly marry a man who goes around bitching about her to other women, she shares some responsibility, at least she lives in a century where she can divorce the asshole.
    No, you've misunderstood what I was saying. I've never had one tell me she's a cold bitch. That is my own interpretation, based on what I've been told.
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  3. #243
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Smeagol View Post
    I have a hard time seeing how it can be proven. An "I do" and marriage license sort of means a standing consent understanding to some people. If I were on a jury being asked to convict or acquit spousal rape case I'd expect other evidence of abuse and/or efforts to separate prior to the event in question.
    I wasn't talking about what passes the threshold of guilty beyond a reasonable doubt. I was talking about what kind of behavior society should expect from men. There are all kinds of behaviors that caretakers of children must not do in order to avoid even an appearance of pedophilia. It is my firm believe that men should act just as cautiously when it comes to rape. The potential for a little lost pleasure pales in comparison to a lifetime of shame and self-worthlessness.
    "A man you can bait with a tweet is not a man we can trust with nuclear weapons." --Hillary Rodham Clinton
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  4. #244
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Grand Mal View Post
    Bullsh*t. A coward who attacks someone weaker than him needs to be dealt with, now and with great, uh, firmness. In places where law enforcement it lacking, guys like that are lynched by the woman's family.
    And that is why that should not happen... or at least you would find a lot of dead members of her family. My ex falsely accused me of getting rough with her. Many men are victims of domestic violence and accused falsely of crimes by women. The statistics are quite clear about this and now that the Courts and Cops are slightly less sexist than they used to be men are getting some... some, justice.
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  5. #245
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Aunt Spiker View Post
    If a married person is willing to rape their partner then "please leave me alone, we're getting a divorce" probably isn't going to end the situation. I don't know where your head is - but your view is not grounded in reality.
    It will end it. If she moves out and severs all ties with him, there will be no opportunity for him to rape her. Unless he's stalking her, of course, then she can report it to the police and get a restraining order. It's the same with domestic violence. The surest way to end it is to simply leave.
    AN AUTHORITARIAN SOCIALIST OPPOSED TO GLOBALISM, ZIONISM, AND FEMINISM, AND IN FAVOR OF SOVEREIGN NATIONS, A PALESTINIAN STATE, AND MEN'S RIGHTS!

  6. #246
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Smeagol View Post
    I have a hard time seeing how it can be proven. An "I do" and marriage license sort of means a standing consent understanding to some people. If I were on a jury being asked to convict or acquit spousal rape case I'd expect other evidence of abuse and/or efforts to separate prior to the event in question.
    But that is just it, as long as there is/was exemptions in place, any evidence of rape where the perpetrator was the husband of the victim cannot/could not be charged as rape because the law exempts/exempted such charges. It doesn't matter if in most cases there would not likely be a conviction. In many rape cases, there isn't enough evidence truly for a conviction because it is still one word against another. In those cases where there is evidence, then there needs to be an opportunity for the charge to be brought against the person.
    "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. #247
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Graffias View Post
    It will end it. If she moves out and severs all ties with him, there will be no opportunity for him to rape her. Unless he's stalking her, of course, then she can report it to the police and get a restraining order. It's the same with domestic violence. The surest way to end it is to simply leave.
    Considering a major case involving this issue (listed earlier in this thread), involved a husband who could not be charged with raping his wife because they were separated and not yet divorced, it is wrong to believe that simply leaving will end the issue.

    Plus, not all spousal rapes happen in violent relationships. And even those that do, the belief that a woman in such a situation could simply leave in all cases of abuse is wrong. Many women stay with abusive spouses because they feel they have no other choice, for many reasons. Maybe she has no other relatives and no way to support herself. If she also has trust issues or isn't very educated and/or knowledgeable about the world, then she may not know about any options such as safe houses or support programs for her. (And this really goes for men in this situation as well, since men can be abused. In fact, I personally consider it worse that so many laws regarding rape only account for women, and in many states, legally speaking, men cannot be raped, only sexually assaulted because of the language of laws regarding rape. At least in the case of marital rape, all 50 states now have removed the marital exemption from rape laws, even if they still limit when charges can be brought against husbands for rape of their wives.)
    "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. #248
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by roguenuke View Post
    But that is just it, as long as there is/was exemptions in place, any evidence of rape where the perpetrator was the husband of the victim cannot/could not be charged as rape because the law exempts/exempted such charges. It doesn't matter if in most cases there would not likely be a conviction. In many rape cases, there isn't enough evidence truly for a conviction because it is still one word against another. In those cases where there is evidence, then there needs to be an opportunity for the charge to be brought against the person.
    Exemption, I disagree with. The burden of proof higher, yes. I'd hate to see it but I'd more likely believe the accusation if domestic violence also occurred, there was a history of domestic violence or the couple was separated. Then even if there was crazy stuff going on, today a lot people engage in consensual crazy stuff that could include violence and what would seem like imprisonment but voluntary so who do you believe?

    The unanswered question: why to people marry jerks? Another thread one day.
    Having opinions all over the map is a good sign of a person capable of autonomous thinking. Felix -2011

  9. #249
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Smeagol View Post
    Exemption, I disagree with. The burden of proof higher, yes. I'd hate to see it but I'd more likely believe the accusation if domestic violence also occurred, there was a history of domestic violence or the couple was separated. Then even if there was crazy stuff going on, today a lot people engage in consensual crazy stuff that could include violence and what would seem like imprisonment but voluntary so who do you believe?

    The unanswered question: why to people marry jerks? Another thread one day.
    Please tell me what is normally required to get a person convicted of rape when the victim is not their spouse.

    It is just as likely that a non-spouse will make a false accusation of rape as it is a spouse. And there is already the problem of a jury who is going to be more biased against a spouse who claims rape (particularly when it comes to a single accusation and if their is no evidence of physical abuse) then a non-spouse. No one should be convicted of rape, spouse or non-spouse based on a single claim, basically anything that would come down to a he said/she said situation alone. But that doesn't mean that there should be any stipulations in the laws to treat a married person differently than a non-married person when it comes to rape because each situation should be based on the evidence for that situation and whether it shows that the accused raped the person or not. Their marital status should not affect that determination anymore than their relationship status should.
    "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.

  10. #250
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by Smeagol View Post
    I have a hard time seeing how it can be proven. An "I do" and marriage license sort of means a standing consent understanding to some people. If I were on a jury being asked to convict or acquit spousal rape case I'd expect other evidence of abuse and/or efforts to separate prior to the event in question.
    Why would there need to be efforts to separate prior to the event in question?
    “Most people do not listen with the intent to understand; they listen with the intent to reply.”
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