NCJ Number
149795
Date Published
1993
Length
48 pages
Annotation
This report summarizes the six meetings held by the North Carolina Legislative Research Commission between November 1991 and January 1993 and presents and explains its recommendation that the spousal defense to a prosecution for rape or a sexual offense be repealed.
Abstract
The commission focused on crime patterns and trends in North Carolina, the role of law enforcement, drug law offenses, the work of the Sentencing and Policy Advisory Commission, parole, the crime control program in Charleston, S.C., the law regarding concealed weapons, domestic assault, and marital rape. The Study Committee on Law Enforcement heard extensive testimony from victims and persons who work or volunteer in domestic violence organizations regarding the elimination of the marital exemption from sexual assault prosecutions. This exemption is a remnant of English common law, in which married women lost their legal rights. Another argument against the exemption is constitutional in that other State appellate courts have rules that treating married women differently from unmarried women violates the equal protection clause. Therefore, the Study Committee recommends repealing this exemption. Appended background information, tables, and list of committee members