NCJ Number
116235
Journal
Northern Kentucky Law Review Volume: 15 Issue: 3 Dated: (1988) Pages: 611-644
Date Published
1988
Length
34 pages
Annotation
This comment encourages State legislatures to abolish the marital rape exemption.
Abstract
The discussion opens with a historical treatment of the marital rape exemption and a critique of the theories justifying this position. Some of these theories are that marriage implies permanent consent for sex, that intervention in marital sexual relations threatens the sanctity of marriage, that spousal rape is not as serious as nonspousal rape, and that there are remedies other than criminal prosecution for marital rape. The current status of marital rape laws is discussed, along with the judicial responses to marital rape. The comment then addresses the constitutional right to privacy and equal protection issues surrounding the marital rape exemption. Findings are summarized for a survey in Hamilton County, Ohio, to determine what the public thinks about marital rape. Of the 300 respondents, nearly half would impose mandatory counseling and/or community service work as a way of dealing with men who force their wives to have sex with them. There is public support for State action against marital rape. States which continue to maintain even a partial marital rape exemption, such as Kentucky, should follow the trend established by the 11 States which have abolished the marital rape exemption in its entirety. 188 footnotes.