NCJ Number
106481
Journal
Journal of the Forensic Science Society Volume: 27 Issue: 3 Dated: (May/June 1987) Pages: 193-198
Date Published
1987
Length
6 pages
Annotation
This essay reviews recent United States cases involving spouse rape and their impact on Sir Matthew Hale's 18th century dictim that 'the husband cannot be guilty of rape committed by himself upon his lawful wife.'
Abstract
A brief review of rape law notes that a man can be charged with wife rape even while the couple is living together in 22 States and the District of Columbia. Spouse rape is not a crime in 24 States. The paper describes the landmark Rider case tried in Florida in which a jury found William Rider guilty of raping his wife and a judge sentenced him to 14 years in prison. The verdict was upheld on appeal, dealing a death blow to Hale's ruling. The author discusses three key points in the spousal rape debate: how far can the government push its way into the marital bedroom, how much should a jury know of a woman's sexual history, and whether Hale's ruling is going to be struck down forever. He predicts that spousal rape eventually will be accepted as a crime nationwide. 5 references. (Publisher abstract modified)