Abolishing Marital Rape Exemption

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 give reason for a rule of faithfulness than that so it was situated down in the time of Henry IV. It is still more than revolting if the grounds upon which it was laid down have vanished pertinacious since, and the rule simply persists from blind imitation of the past. 1

Common fairness formulations of the rape offense traditionally have excluded nonconsensual acts of sexual coition 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 extensive debate and severe criticism, the rule persists today as an anachronous reminder of societys traditional view of women and marriage generally.



More than cardinal states, 2 by statute 3 or discriminative interpretation, 4 forbid criminal prosecution of a preserve for rape, when he has forced his wife to have sexual chat 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 start to support the continued use of the marital exemption. After elaborate the constitutional development of the right to privacy, the note determines that the exemption and statutes which halt the prosecution of a husband for raping his wife violate a married womans constitutional right to privacy. Finally, the note ...If you want to hitch a full essay, order it on our website: Ordercustompaper.com



If you want to get a full essay, wisit our page: write my paper