Abolishing Marital Rape Exemption

274 Words2 Pages
University of Illinois Law Review TRANSITION: ABOLISHING THE MARITAL EXEMPTION FOR RAPE: A STATUTORY PROPOSAL 1983 1983 U. Ill. L. Rev. 201 Author THOMAS R. BEARROWS Excerpt I. INTRODUCTION It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past. 1 Common law formulations of the rape offense traditionally have excluded nonconsensual acts of sexual intercourse between married persons. Recently, courts, legislatures, and commentators have begun to reevaluate this rule in light of the changes in the status of women and the marital relationship. Despite lengthy debate and severe criticism, the rule persists today as an anachronistic reminder of society's traditional view of women and marriage generally. More than thirty states, 2 by statute 3 or judicial interpretation, 4 forbid criminal prosecution of a husband for rape, when he has forced his wife to have sexual intercourse with him against her will. This note examines the marital rape exemption. First, the note explains the common law and statutory origins of the exemption. The note then analyzes the traditional bases for protecting husbands and finds that these justifications fail to support the continued use of the marital exemption. After detailing the constitutional development of the right to privacy, the note determines that the exemption and statutes which bar the prosecution of a husband for raping his wife violate a married woman's constitutional right to privacy. Finally, the note

More about Abolishing Marital Rape Exemption

Open Document