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Marital Rape Exemption
Transcript of Marital Rape Exemption
In 1993 the federal government made marital rape illegal in all 50 states, however, some states still treat rape and non-marital rape differently.
History of Rape law
1848 brought about the first organized woman's rights movement, shedding light on marital rape exemptions
State officials made an effort to implement policy change
Change in policy did not lead to the complete termination of marital rape exemption
Statutory rape law is considered a “less serious” violation than other sex crimes in Oklahoma.
Legislatures tried to regulate statutory rape laws in some ways.
Senate Bill 1413- Republican Randall Erwin formed a bill to castrate second offenders in 2004.
Oklahoma Rape Shield- passed March 4, 1975- a defendant was not allowed to provide prior sexual history to prove consent unless the actions were in front of or with the accused, or, if there was new evidence
Legislatures have proven there are not many opinions on this issue
Proving rape within marriage
Married couples engage in consensual sex, so it often takes more evidence such as marital separation or other conflicts to prove that the activity was not consensual.
Because it is hard to prove, it often goes unreported.
Of the 34% of women raped by an intimate partner, only 9.4% reported it
Unreported for a multitude of reasons:
believed it was their duty to engage in sexual acts
were begged or pleaded
were emotionally or verbally bullied into it.
Marital Rape Exemption
Because marital and non-marital rape laws are often given completely different definitions, standards, and levels of punishments, marital rape exemptions still exist.
While spousal rape is now prohibited, it is still under prosecuted in the US, and a number of remaining loopholes and gray areas in the language of marital rape law make it a less severe crime than rape committed by a stranger
Infringes on victim’s personal autonomy
Violates victim’s right to privacy
Disregards serious and long-term physical and psychological harm suffered by victim
: Allie Reasonover, Calli Russell, Cindy Williams, Deleanie Moriello, Jordan Spasic, John Noppenberger, Skylar Pasquali, Vanessa Meraz
Oklahoma Marital Rape Statutes
Rape is an act of sexual intercourse involving vaginal or anal penetration accomplished with a male or female
who is not the spouse of the perpetrator
and who may be of the same or the opposite sex as the perpetrator.
. Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator
if force or violence is used or threatened,
accompanied by apparent power of execution to the victim or to another person.
Marital Rape Defined:
Under Oklahoma law, it's considered rape if the victim is "unconscious of the nature of the act" or "intoxicated by a narcotic or anesthetic agent, administered by or with the privity of the accused," but this
apply to marital rape.
This means "an Oklahoma resident can penetrate not just a drugged but also a sleeping spouse without the act legally qualifying as rape."
"by deliberately denying access to the criminal justice system to a woman who has been sexually assaulted by her husband, the state dictates her consent to sexual relations with her husband"
Alcorn v. State
Oklahoma court of criminal appeals
Illustrated the immense burden of proving rape
Judge noted that the wives testimony isn't credible because she might have been influenced by;
Emotion, malice, hidden motives,
Researched Oklahoma appeals cases from 1920 forward
most of the cases found were not reversed
cases that were reversed:
Davis V. State 1920
Pope V. State 1923
Although there are cases nationally, we only researched Oklahoma cases, and were not able to find substantial evidence that applied the marital rape exemption directly because it is not a well known term.