Legally, can you be raped by a spouse?

Question

I mean, phsically, I know you can, it's possible. But legally can one be raped by a husband? Because a friend of mine had this happen to her, and the police said there was nothing her could do because he was her husband? Does this make any sense? What can i do to help her, if anything?

ok "confused", look here @sshole.. I'm her best friend, and she asked me for help, so don't put your damn nose in where it doesn't belong. Dont tell me to mind my own business. Dumb f*ck...

Answer 1

Yes. The definition of rape is being forced to have sex. Doesn't pertain only to certain people, but to all people.

Answer 2

Yes spousal Rape is a crime but i dint think you would do a lot of time for it though,although spousal rape is a really good reason to file for a divorce.

Until the late 1970s, most states did not consider spousal rape a crime. Typically, spouses were
exempted from sexual assault laws. For example, until 1993 North Carolina law stated that “a
person may not be prosecuted under this article if the victim is the person's legal spouse at the
time of the commission of the alleged rape or sexual offense unless the parties are living separate
and apart." These laws are traceable to a pronouncement by Michael Hale, who was Chief
Justice in England in the 17th century, that a husband cannot be guilty of rape of his wife “for by
their mutual matrimonial consent and contract the wife hath given up herself in this kind unto the
husband which she cannot retract.”1 In the late 1970s, advocates began efforts to change these
laws. Currently, rape of a spouse is a crime in all 50 states and the District of Columbia.
The states used three different techniques for criminalizing spousal rape. The majority of states
simply removed the marital rape exemption, without adding any other language. Other states
replaced the exclusionary language with text specifying that marriage to the victim is not a
defense. A few states created a separate offense of “spousal rape.”
While spousal rape is now considered a crime, victims often have to overcome additional legal
hurdles to prosecution not present for other victims of rape. These include time limits for
reporting the offense, a requirement that force or threat of force be used by the offender, and the
fact that some sexual assault offenses still preclude spousal victims.
Exemption Removed, No Language Added
Most states eliminated the spousal rape exemption by simply removing the language which
provided it. Pennsylvania initially had a separate offense of spousal rape, which was a lower
level offense than non-spousal rape. The law was repealed in 1995 to remove any language
which indicated that the relationship between victim and offender was relevant, so that now in
Pennsylvania “rape is rape.”
During Maine’s legislative battle to change the law, one legislator even stated, “Any woman who
claims she has been raped by her spouse has not been properly bedded.” While the law has been
revised to remove the spousal exemption, attitudes have been slower to change. Advocates
report that many people still do not recognize spousal rape as rape.
Marriage Explicitly Excluded as a Defense
Several states have amended their laws to specify that marriage is not a defense to certain crimes.
For example, the North Carolina law mentioned above was amended to read: “A person may be
prosecuted under this Article whether or not the victim is the person's legal spouse at the time of
the commission of the alleged rape or sexual offense.”2 This law makes it clear that sexual
offenses by spouses should be treated the same as sexual assault by others.

Answer 3

YES It is called sexual abuse. I know this because when I went to marriage counseling (which is the law here where I live, you have to go threw this before you can get a divorce) they had asked me questions about what was going on in the home. One of the questions was, had he ever had sex with me when I didn't want it and I said yes, although he at first left no bruises on me, and I did not fight back. That was all they needed to hear, he had raped me for the last year and half that we were still together, and at least 3 to 4 times a week. It literally made me so sick every time that he had sex with me, I mean I would have to go to the bathroom and throw up. I am so glad that I am out of there. But I also went threw mental abuse as well and at the very end it was physical abuse.

Answer 4

YES, you can be raped by a spouse, but there is nothing you can do, unless your friend files charges and goes to a hospital and has an examination, I think they call it a rape kit or something. I cant even figure out why the police would say such a thing, that s cares me. Have your friend call an attorney or at least a rape hotline, they will be able to help her

Answer 5

Yes.....
If the police where you live are not aware or care ... you chould speak to your State Attorney's Office in your county or province ... If no help there move up to the State level ..... You will have a State Lawenforcement agency ... try them.

There are many cases of spoucal rape .... Help your friend make the decision ... then help her move on ... get her to a safe place and outta reach of the husband. Many rape crisis centers can help put you in touch with the right folks to make the report and get the legal actions rollin'..... don't take no for a answer!

Good Luck Marie !
She's lucky to have a good friend when she needs it !

Answer 6

It's tricky. It would depend on what state your friend lives in.

The only states that have laws that make no distinction between marital rape and stranger rape are Colorado, Delaware, Florida, Georgia, Indiana, Massachusetts, Montana, Nebraska, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Texas, Utah, Vermont, Wisconsin and the District of Columbia. These states have no marital rape exemptions.

The police should allow her to file a report, even if they can't arrest her husband. She could sue him in civil court. Help her find a women's rights group or rape survivor group in her area, or she can call the National Sexual Assault Hotline at 1.800.656.HOPE


Some info:
http://www.vawnet.org/DomesticViolence/Research/VAWnetDocs/AR_mrape.php
http://marriage.about.com/cs/maritalrape/f/maritalrape10.htm

Answer 7

YES, you CAN be raped by a spouse. Rape is a crime.

Just because the victim is married to the perp doesn't make it any LESS of a crime. It just makes it a little rougher to prosecute. It takes emotional strength to file this criminal charge against a spouse, BUT IT *CAN* BE DONE.

Contact legal aid, AND a woman's shelter for help. Also, encourage your friend to get counseling.

She's in my prayers.

PS: I'm a male, former paramedic and NON-feminist for those of you who want some stereotyping.

Answer 8

By all means, YES! Just because two are married does not mean it is consentual. I am a battered woman and know this unfortunate truth. Follow your gut instinct. However, if your friend does not want help nor want to stop him; then all you can do is listen and keep her safe. It is a sad world we live in. Visiting your local emergency room (after) she can get a rape kit test and prove to the police. Being silent is allowing rape to continue and that is unacceptable!

Answer 9

Yes, no means no. If there was any physical abuse leading up to it she could press chrges for domestic violence. I am christian and the bible syas a womans body no longer belongs to her but to her husband, and a husbands body is no longer his, but his wives...this is true, but in certain situations rape is rape! She or you could go to www.endabuse.org or call National Domestic Violence Hotline: [phone] and talk to someone about the deatils to see what her options are. Also she can call the same police atation and file a complaint against the officer who attended the call, once she knows her rights. A wife is a partener for life, a wife is not a sex slave!

Answer 10

Yes you can. Take your friend to a woman's shelter and get her some help. The police are full of crap!! That would be like saying that when you marry someone you give up all your rights as a human being and that just isn't true. A shelter can point her in the right direction for counselling etc.

Answer 11

Those police officers were sexist idiots. Legally, every woman has an unconditional right to refuse to have sex with anybody INCLUDING HER HUSBAND!!!

In other words, if a man forces a woman to have sex with him, HE IS A RAPIST and it does not matter that they are legally married. In 33 states the rape statutes explicitly state that a woman can charge her husband with rape.

So, the cops were wrong, your friend's husband is a rapist. They should have arrested him.

She can still press charges on her own.