NCJ Number
127908
Journal
Wayne Law Review Volume: 35 Issue: 3 Dated: (Spring 1989) Pages: 1219-1250
Date Published
1989
Length
32 pages
Annotation
This article discusses issues pertinent to the effective application of Michigan's abolition of the marital rape exemption to the criminal sexual conduct statute.
Abstract
A discussion of the historical and legal background of the marital rape exemption and its decline in recent years includes a survey of the current status of the exemption among the States. The Michigan amendment and its history are then reviewed, followed by a comparison of the current Michigan criminal sexual conduct statute with similar statues of other states, namely, Pennsylvania, Virginia, Montana, and Ohio. Theoretical and practical differences among the statutes are noted. The concluding section of the article advises that Michigan's abolition of the marital rape exemption will only increase protection for women if police and prosecutors undergo the shift in attitudes and procedures required to produce effective sanctions against marital rape. Police must develop procedural policies that demarcate marital rape. Police agencies must communicate to officers and the public that they will support an officer's reasonable decision to arrest husbands alleged to have raped their wives. Prosecutors must give priority to such cases and pursue convictions in cases that may occasion public controversy. 193 footnotes