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. #251
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    [QUOTE=roguenuke;1062816333]
    Please tell me what is normally required to get a person convicted of rape when the victim is not their spouse.
    I have no idea. I'm not a criminal defense attorney, prosecutor nor have I served on a rape case jury. If serving on a jury I would need to be convinced of the crime beyond a reasonable doubt, and I THINK it would be somewhat more difficult to prove with the standing consent agreement known as marriage that a case where there defendant was a stranger, casual acquaintance, etc. of the victim.

    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.
    Reasonable.

    Their marital status should not affect that determination anymore than their relationship status should.
    I think people who are married may bake assumptions those who are not married don't get to do. They could include making advances toward each other while the other might be asleep, initiating intimate relations while the other or both are intoxicated, surprising them while showering, etc., etc., etc. Marriage is IMHO a very important consideration considering the casual sexuality, on the first date, one night stand culture some segments of society have embraced often birthed in environments where intoxication is occurring. That's not to say rape is ever okay in any circumstance, only that I imagine it might be more difficult to prove if a standing understanding of exclusive consent exists, all other things being equal.
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  2. #252
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    [QUOTE=Smeagol;1062816446]
    Quote Originally Posted by roguenuke View Post

    I have no idea. I'm not a criminal defense attorney, prosecutor nor have I served on a rape case jury. If serving on a jury I would need to be convinced of the crime beyond a reasonable doubt, and I THINK it would be somewhat more difficult to prove with the standing consent agreement known as marriage that a case where there defendant was a stranger, casual acquaintance, etc. of the victim.



    Reasonable.



    I think people who are married may bake assumptions those who are not married don't get to do. They could include making advances toward each other while the other might be asleep, initiating intimate relations while the other or both are intoxicated, surprising them while showering, etc., etc., etc. Marriage is IMHO a very important consideration considering the casual sexuality, on the first date, one night stand culture some segments of society have embraced often birthed in environments where intoxication is occurring. That's not to say rape is ever okay in any circumstance, only that I imagine it might be more difficult to prove if a standing understanding of exclusive consent exists, all other things being equal.
    I think the problem is that people make assumptions about other people's marriages that they shouldn't make. Marriage is not a standing consent agreement. Marriage is an agreement to make each other spouses. Sex is a completely different agreement between people that has nothing to do with marriage.

    I've had plenty of guys I dated or just stayed the night with who initiated intimacy with me after I was positioned to sleep. Some succeeded, others failed, just as both situations have happened for my husband. There is no reason why a signed marriage contract should change whether or not I wanted to have sex with that person, husband or not. And that contract should not change how the law views consent either. And the juries need to be reminded of that during any trial. Climbing into bed with someone, even night after night, and having past sexual relations with that person or being in a marriage with that person is not automatic consent to sex, nor should anyone view it as such.

    Now, obviously there are times when there is intoxication, which makes it more difficult to determine if there was consent or who gave what consent, but again this shouldn't be affected by the presence of a legal marriage between the two people or whether they were in bed together. My husband's first chance to get into my pants when we first started dating was a night I was drunk, in a hotel room bed, and being playfully seductive. He passed, and allowed me to simply sleep. I personally wouldn't have cared either way but he cared enough for me to not take advantage of that situation. Why should that change with a marriage certificate?

    The problem really isn't that rape is more difficult to prove from a facts standpoint (most instances of rape are difficult to prove), but rather that too many people hold that preconceived misconception that marriage somehow acts as a form of consent itself to sex. That is what should be worked on, not preventing marital rape from being charged as rape. It doesn't take a lot to understand that rape is almost always hard to prove, but it takes that wrong belief that marriage is an automatic consent itself to believe that rape within a marriage should be treated differently than rape outside a marriage.
    "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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  3. #253
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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.
    So to you marriage results in someone not having the same rights and legal recourse as everyone else.

    Family, dating partner, significant other not otherwise married, fiance, neighbor - all of these people are outside of your approved 'legal protections' circle that you have established. But a spouse, no, they don't have to answer to the letter of the law if they want to violate you.

    The woman has been reduced as a human being. A dog has more rights than her.

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  4. #254
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by GottaGo View Post
    With rape there will usually be vaginal abrasion and/or tearing, possibly bruising, scratches, and the state of mind of the rape victim.
    Abrasions, bruises, and tearing sometimes happen during normal intercourse, such as during rough sex. These cannot be taken as proof beyond the shadow of a doubt that a rape occurred. The state of mind of the alleged victim is not proof either, as many false rape accusers are good at feigning injury or distress. Feminists make a big deal about rape being an underreported crime and that it's difficult for rape victims to be believed by the police and courts, when in fact it's incredibly easy to level such accusations and be believed. Type "false rape accusers" into any search engine, and you will see what I mean.
    AN AUTHORITARIAN SOCIALIST OPPOSED TO GLOBALISM, ZIONISM, AND FEMINISM, AND IN FAVOR OF SOVEREIGN NATIONS, A PALESTINIAN STATE, AND MEN'S RIGHTS!

  5. #255
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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?
    If the wife is smart she voice records it. This happened several yrs ago where a lady's husband(they were going thru a separation) kept raping her. She went to the cops and b/c she didn't have evidence, nothing was done about it, so the next time she taped it. Guess they believed her then, and he was convicted!

  6. #256
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by herenow1 View Post
    If the wife is smart she voice records it. This happened several yrs ago where a lady's husband(they were going thru a separation) kept raping her. She went to the cops and b/c she didn't have evidence, nothing was done about it, so the next time she taped it. Guess they believed her then, and he was convicted!
    Getting raped by your husband? There's an app for that: Voice Recorder - Android

  7. #257
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by ChrisL View Post
    I suspect that a lot of those women never really liked sex and just pretended that they liked it. I don't see how you can go from liking it to not liking it just because you got married.
    Thanks to the lack of comprehensive sexual knowledge in our culture, a lot of men have terrible technique and don't know it, some don't care about the woman's pleasure out of ignorance (the misconception that good women don't like sex) or arrogance, and some men and women let their anger over other marital issues spill over into their sex lives and ruin it. Some women never learned how to enjoy sex and/or are too fearful to ask for what they want, and fake it until they get settled into their marriage.

    However, I don't think that lack of a good sex life causes rape. Rape is usually about asserting dominance and control and/or expressing anger and hate, not so much about obtaining sexual relief.
    Last edited by Hard Truth; 01-21-14 at 04:33 PM.

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

    Quote Originally Posted by Hard Truth View Post
    Thanks to the lack of comprehensive sexual knowledge in our culture, a lot of men have terrible technique and don't know it, some don't care about the woman's pleasure out of ignorance (the misconception that good women don't like sex) or arrogance, and some men and women let their anger over other marital issues spill over into their sex lives and ruin it. Some women never learned how to enjoy sex and/or are too fearful to ask for what they want, and fake it until they get settled into their marriage.

    However, I don't think that lack of a good sex life causes rape. Rape is usually about asserting dominance and control and/or expressing anger and hate, not so much about obtaining sexual relief.
    Oh no, I wasn't say that was an excuse for rape. I was answering lizzie's post about men telling her that their wives' are "cold."

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

    I didn't think you were making excuses.....I'm just spreading the knowledge.

  10. #260
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    Re: Spousal Rape - Crime of Rape, or Not ?????

    Quote Originally Posted by ChrisL View Post
    Oh no, I wasn't say that was an excuse for rape. I was answering lizzie's post about men telling her that their wives' are "cold."
    I don't think that the women pretended to like sex and then stopped once married, I think life happens. Before kids, marriage and responsibility, a couple can have sex 7 days a week.. Sometimes twice a day. Not so much when the kids come along, the everyday stresses of life etc.

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