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I'm not wondering whether he should or should not.

The question is...Is there precedent?

2007-03-29 10:06:11 · 19 answers · asked by BOB 4 in Politics & Government Law & Ethics

19 answers

Yes there is.
Stanford Law Review originated the journal law for it in the 1950's, then South Dakota removed marriage as an exception from the rape law in 1975. The rest of the US followed by 1993.

2007-03-29 10:16:37 · answer #1 · answered by Waiting and Wishing 6 · 0 1

It depends on the country and the state/province.

Most jurisdictions have changed their laws in recent decades to make rape independent of marital status, so there is no exception for spouses.

Some states and counties still have old laws, back from when wives were considered property, that provide an exception to the rape laws for husbands.

2007-03-29 17:16:18 · answer #2 · answered by coragryph 7 · 1 0

Yes. It is called spousal rape. No matter what the nature of the relationship between adult male and female, any forced sexual contact is legally viewed as rape, even if one is married to the other.

2007-03-29 17:15:13 · answer #3 · answered by Rosebudd 5 · 1 0

Yes. Rape is rape - no matter who commits it. Anytime a woman says "no" and the assault continues, it is rape.

Many married men have been thrown in the slammer for just that. Just because you are married, it doesn't mean that you can force your wife to have sex.....

2007-03-29 18:36:50 · answer #4 · answered by Anonymous · 0 0

Sex without consent is a crime, the fact that the persons involved are married is irrelevant. And yes, there is precedent.

2007-03-29 17:16:50 · answer #5 · answered by Deep Thought 5 · 1 0

Yes, any time sex is forced without the other person's consent. Then it is considered rape. It doesn't matter if it's your wife, girlfriend, or anyone else.

2007-03-29 17:13:05 · answer #6 · answered by Anonymous · 1 0

Yes. only 2 states have a marital exception; Oklahoma, and Ohio. Even then forcible rape can be charged..i.e..you beat your wife to get her to have sex.

2007-03-29 20:48:14 · answer #7 · answered by Dr. Luv 5 · 0 0

Yes, it is illegal everywhere that I have heard of. It would be treated the same as any other rape.

2007-03-29 17:24:34 · answer #8 · answered by Anonymous · 1 0

Yes -- it has happened in few cases
Have to prove force and lack of consent

2007-03-29 17:10:05 · answer #9 · answered by Bill in Kansas 6 · 2 0

Yes.

2007-03-29 17:09:55 · answer #10 · answered by cheri b 5 · 2 0

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