Marital rape : the misunderstood crime

Abstract

Concern over the marital rape exemption has definitely increased in state judiciaries - unfortunately this does not equally apply to the state legislatures. Rape within marriage has been legally endorsed for more than one hundred years in America and to date, in most of the states this behaviour is legally protected, making the marital rape exemption the rule rather than the exemption I despite the twentieth century's enlightened views of marriage and female equality. Statistics are alarming, but appalling as they might sound, they seem to fail to persuade some who refuse to believe there is such a crime as marital rape. : Increased awareness about rape has come about as women have gained more equality and as women's groups have strived to bring the public's attention to the fact that rape is not caused by the woman herself, but is the result of violence committed upon her by a violent person. It is precisely because of this long-standing and erroneous belief that rape is a sexual rather than a violent crime that it has been extremely difficult for legislatures, juries and the courts to deal rationally with the subject. This paper will analyze: ( 1) the history of the marital rape exemption and the common law authority thereto, including a critique of the theories that have served to justify it, (ii) marital rape as a social_ crisis in America, (III) statutory and judiciary responses, (IV) constitutional considerations, and (V) possible statutory reforms.