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“Reducing the Threat of Sexual Violence”

Marital/Spousal Rape

    Often it is very hard for a person to admit the one they trusted and  devote their lives to could commit rape.  Does marriage basically deny one the right to say 'no' to sexual intercourse with their spouse?  How can it be true that by taking marital vows that somehow one person has gained control over their spouse’s body?

A marriage license does not require someone to submit to sexual contact on demand.

    The outdated concept dates back to 18th century common law, and was articulated by English jurist Matthew Hale as follows: "The husband cannot be guilty of rape . . . for by their mutual matrimonial consent and contract, the wife [has] given up herself in this kind unto her husband, which she cannot retract."  However this concept is not followed by the moral code of our current society as found in The New York case, People v. Liberta, illustrating the modern repudiation of the doctrine. In 1984, the New York State Court of Appeals decided that there was no basis for distinguishing between marital rape and non-marital rape. The court noted that "a marriage license should not be viewed as a license to forcibly rape [the defendant's] wife with impunity" and struck the marital exemption from the statue in question for violation of the state and federal Constitution.

Currently all 50 states criminalize spousal rape.

When it is the person you have entrusted your life to who rapes you, it isn’t just physical or sexual assault, it is a betrayal of the very core of your marriage, of your person, of your trust.

  Marital rape is so destructive because it betrays the fundamental basis of the marital relationship, because it questions every understanding about your partner and the marriage, but  also yourself. You end up feeling betrayed, humiliated and, above all, very confused.

  Marital/spousal intercourse is a scared act between two consenting individuals who have taken vows to love and protect one another. If you have had this trust violated please seek help today for yourself and your family by calling Arizona Voice for Crime Victims at 480-600-2661.

References:
Spousal Rape Laws Continue to Evolve By Caroline Johnston Polisi
About Marital Rape, A Safe Place Lake County Crisis Center