What Do You think About This Law?

[4ever4Jesus]

What do you think about the laws of sex within the marriage?

Please read the article below and let's discuss whether this is rape or something that is accepted in marriage.
http://www.gather.com/viewArticle.action?articleId=281474978601814
Is Rape Impossible in Marriage? Leading Muslim Cleric Says Yes

Is rape impossible in marriage? A leading Muslim cleric has said that men cannot rape their wives. This cleric has sparked a firestorm of controversy in Britain and around the world with his ludicrous claims.

 

[annsni]

Rape occurs any time one person forces sex on an unwilling partner. It has nothing to do with marriage so yes, rape can occur in marriage.

 

[Alcott]

I think the answer is clearly NO-- it is not impossible for rape to occur even between a married couple. However, since the general rule for married couples is to be alone when they have sex, it seems extremely difficult to show beyond any reasonable doubt that it was rape unless there was also a beating or binding producing injury involved. If I were on a jury where the case was a woman trying to convict her husband of rape with no evidence of beating-- and expectedly, no witnesses-- it would be difficult not to consider there is a reasonable doubt, that this is just a step toward getting him away from her. And while that may be justified, I don't know how you convict only on her word against his; he says sex was consensual, she says it was not. If a precendent like that were set, then all a wife has to do to put her husband in prison is to say she did not consent to sex that particular time. The divorce route seems to be preferred IMO.

 

[annsni]

Actually, there IS evidence if it was rape or not. If a wife is attacked by her husband and is forcebly raped, there will be evidence of that. Most of the injuries do not occur with consensual relations.

 

[God's Rainbowgal]

Am I just plain crazy but if a married couple were making love then why would rape be in question in the first place?

LOVE is something that they both wanted to do. If for some reason before there was a question in doubt why would either want to be in this predicament in the first place?

If this is what a special moment between the couple is to be like it doesn't sound like it would be turning out that way to me.

Yes I agree with annsi that there is evidence at the hospital in what is called a rape kit.It should be able to be used in a court of law.
For those that don't know what a rape kit consists of here is a link...
http://en.wikipedia.org/wiki/Rape_kit

 

[billwald]

It is assault, not rape.

 

[Jim1999]

For every law that is created, you will long enough tp regret. I heard that from a professor in first year of university, and see it fulfilled the longer I live.

Common sense remains the best law.

Cheers,

Jim

 

[annsni]

The legal definition of rape: the crime of sexual intercourse (**description of intercourse removed by me) without consent and accomplished through force, threat of violence or intimidation (such as a threat to harm a woman's child, husband or boyfriend).

Yes, rape can occur in marriage.

 

[Jerome]

Lexis Nexis:

§ 25.03 Marital Immunity Rule

At common law, a husband could not be guilty of raping his wife. The majority of states retain a partial exemption under which immunity does not apply if the parties are legally separated or are living apart at the time of the rape.

A minority of states maintain a total exemption for marital rape, while at least twelve states have abolished the rule.

The Model Penal Code recognizes a partial marital exemption that bars a rape prosecution against a spouse or persons "living as man and wife," although they are not formally married. More stringent than the majority exemption, the only exception to the marital immunity rule is for spouses living apart under a formal decree of separation. [MPC § 213.6(2)]

 

[annsni]

In all 50 states, marital rape is a crime.

 

[Jim1999]

The most difficult thing is to prove, in a court of law, rape within the marital bond.

Cheers,

Jim