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

Can a man be criminally/legally charged with raping his wife?

  • Yes. Absolutely.

    Votes: 57 71.3%

  • No. Definitely not.

    Votes: 4 5.0%

  • Case-by-case basis. Not that black & white.

    Votes: 17 21.3%

  • Other- please explain

    Votes: 2 2.5%
  • Total voters
    80
Jerry said:
Right. What is that method? How do you prove sex outside marriage was rape?
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I'm not an expert. But seeing as how people are convicted of rape, it happens.
 
Anagram said:
I'd imagine the same way you prove sex outside of marriage is rape. There are going to be times when it's unprovable, but that's no reason to remove it from being a crime entirely.
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No, it's not the same. If a woman claimed a man raped her, but admitted she removed her clothes and got into bed with him that would be a difficult case. That would be the instance in some cases of claiming spousal rape.

If a woman claims a man she never knew raped her, proving that sex occurred is more supportive than the same evidence in a claim of spousal rape. I answered it is a case by case basis for determination.

It is astonishing that most members of the forum seem to believe that if one person makes an accusation against another, that other person should be arrested, handcuffed, put in jail and held there for 6 months or a year if unable to post bond - money never to be returned - and spend tens of thousands of dollars for a lawyer, probably permanent lose of their job and maybe everything else - under the presumption of guilt unless months later when the person has lost everything that can't be proven.

The French philosopher Torqueville predicted the United States would ultimately evolve to this as the ultimate evolution of democracy. More people in prison than anywhere else on earth. Far more with convictions, on probation and lose of most citizen's rights for life - with imprisonment and punishment imposed initially and continued unless later it shown there was not enough evidence for a case - the person's life shattered by then.
 
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Anagram said:
I'm not an expert.
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I'm sure most rape victims aren't experts, either, but if it happens to them they need to figure out how to prove it. So how do you do that?
 
Is sex with your spouse a legal marital obligation?
 
Anagram said:
She can accuse you of rape whether its a crime or not. The law doesn't change that.
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That's true and this law is a protection against that circumstance.
 
clownboy said:
Well I guess waking up to the without prior consent morning BJ is off the table for you. Relying on slogans is a bit like going through life with blinders on.
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Show me the man who sued his wife for rape because he woke up to a BJ, and I will personally hunt him down and beat the **** out of him :lol:
 
Jerry said:
I'm sure most rape victims aren't experts, either, but if it happens to them they need to figure out how to prove it. So how do you do that?
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I'm not a prosecuting attorney. I don't follow rape trials. I don't know. But it obviously happens.
 
joko104 said:
No, it's not the same. If a woman claimed a man raped her, but admitted she removed her clothes and got into bed with him that would be a difficult case. That would be the instance in cases of claiming spousal rape.
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In most instances yes it would seem to be difficult to impossible to prove. That shouldn't stop it from being a crime in the places it is possible to prove though.
 
Dragonfly said:
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?
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I believe it depends on the country in which the wife is raped.
 
clownboy said:
Is sex with your spouse a legal marital obligation?
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Yes. Spouses have 'sexual rights' to each other which are protected even if one spouse is incarcerated ("Conjugal visitation"); and refusing to fulfill your sexual obligations to your spouse is grounds for divorce (in SD this falls under Willful Neglect).
 
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Anagram said:
I'm not a prosecuting attorney. I don't follow rape trials. I don't know. But it obviously happens.
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I'm not an atturney either, but I play one on the internet, and if I had to prove marital rape I would begin by evidencing Rape Trauma Syndrome in the wife shortly after the alleged incident. My prosecution strategy would not be a direct accusation of rape, but an accusation that the husband caused Rape Trauma Syndrome. Even consensual sex can cause Rape Trauma Syndrome; a spouse who like it rough takes it to far and/or ignored a safety word, for example.

But even here, I would not be proving rape, I would be proving a physiological damage. So the question remains: how do you prove it was rape?
 
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Again, the law is not really clear on this considering sex is in fact a marital obligation. But it seems to me charging rape is unneccessary. If the situation is clearly rape there are a number of equally serious charges the perp can be charged with. Agg assault to begin with.
 
Jerry said:
It's one thing to prove sex occurred, but it's another to prove that the sex was rape. How do you do that?
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With rape there will usually be vaginal abrasion and/or tearing, possibly bruising, scratches, and the state of mind of the rape victim.
 
Jerry said:
I'm not an atturney either, but I play one on the internet, and if I had to prove marital rape I would begin by evidencing Rape Trauma Syndrome in the wife shortly after the alleged incident. My prosecution strategy would not be a direct accusation of rape, but an accusation that the husband caused Rape Trauma Syndrome. Even consensual sex can cause Rape Trauma Syndrome; a spouse who like it rough takes it to far and/or ignored a safety word, for example.

But even here, I would not be proving rape, I would be proving a physiological damage. So the question remains: how do you prove it was rape?
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Again I don't know. But it's possible because it happens.
 
GottaGo said:
With rape there will usually be vaginal abrasion and/or tearing, possibly bruising, scratches, and the state of mind of the rape victim.
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The Republican this thread is about was quoted saying:
“How on earth you could validly get a conviction of a husband-wife rape when they’re living together, sleeping in the same bed, she’s in a nightie, and so forth, there’s no injury, there’s no separation or anything.”
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I understood the scope of this thread being no vaginal abrasion and/or tearing, possibly bruising or scratches.
 
Anagram said:
How so?
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Let's say that you're living with someone who has a bit of a screw loose and one night you come home a little inebriated and a little late. She gets pissed off, throws a fit and accuses you of rape even though you didn't touch her. However, earlier in the afternoon you had consensual sex with her and, since she likes it a little rough, there's a hickey and some bruising. Brother, at that point you may as well kiss your ass goodbye because it's going to cost you a freaking fortune to get out of that jam.

Let's take it one step farther. Say she wants a divorce and you want to work things out. She says "he raped me". Then what are you going to do?
 
Jerry said:
I think it's clear that everyone here agrees the 'no means no'. The trick is proving to disinterested 3rd parties who weren't there and don't know either person, that 'no' was actually said at all.
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the really tricky part comes in where she never said no and then a couple of hours later, or the next day, or the next week, gets pissed off and decides it was rape.
 
Jerry said:
Yes. Spouses have 'sexual rights' to each other which are protected even if one spouse is incinerated ("Conjugal visitation"); and refusing to fulfill your sexual obligations to your spouse is grounds for divorce (in SD this falls under Willful Neglect).
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A little off topic but how the hell do you rape someone who has been incinerated?
 
Lutherf said:
Let's say that you're living with someone who has a bit of a screw loose and one night you come home a little inebriated and a little late. She gets pissed off, throws a fit and accuses you of rape even though you didn't touch her. However, earlier in the afternoon you had consensual sex with her and, since she likes it a little rough, there's a hickey and some bruising. Brother, at that point you may as well kiss your ass goodbye because it's going to cost you a freaking fortune to get out of that jam.

Let's take it one step farther. Say she wants a divorce and you want to work things out. She says "he raped me". Then what are you going to do?
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dig a septic tank, why? because it is cheaper than a pool:lol:
 
Jerry said:
Yes. Spouses have 'sexual rights' to each other which are protected even if one spouse is incinerated ("Conjugal visitation"); and refusing to fulfill your sexual obligations to your spouse is grounds for divorce (in SD this falls under Willful Neglect).
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Hard to have sex with someone who's been "incinerated." :lol:

Edit: Damn! Ninja'd! lol
 
Lutherf said:
Let's say that you're living with someone who has a bit of a screw loose and one night you come home a little inebriated and a little late. She gets pissed off, throws a fit and accuses you of rape even though you didn't touch her. However, earlier in the afternoon you had consensual sex with her and, since she likes it a little rough, there's a hickey and some bruising. Brother, at that point you may as well kiss your ass goodbye because it's going to cost you a freaking fortune to get out of that jam.

Let's take it one step farther. Say she wants a divorce and you want to work things out. She says "he raped me". Then what are you going to do?
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Maybe she bruises herself and accuses you of assaulting her. You can be falsely accused of a lot of crimes and I don't see that as a reason to make them non-crimes.
 
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