Hale wrote, The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband which she cannot retract. This established the notion that once married, a woman does not have the right to refuse sex with her husband. This rationale remained largely unchallenged until the 1970's when some members of the women's movement argued for the elimination of the spousal exemption because it failed to provide equal protection from rape to all women Approximately 10-14% of married women are raped by their husbands in the United States. In the city of Charlotte, the statistics are rising every year. The following statistics reflect ONLY those spousal rapes that were reported. Keep in mind that most married women do not know about the spousal rape …show more content…
The offender afflicts serious bodily injury upon his or her spouse; or 3. The offender uses a deadly weapon in the commission of the offense. Any person who violates the above provisions shall be guilty of a felony, and, upon conviction, shall be: 1. Imprisoned in the penitentiary between 2 and 10 years; or 2. Imprisoned in the penitentiary between 2 and 10 years and fined no more than $5,000 In 17 states and the District of Columbia, there are no exemptions from rape prosecution granted to husbands. However, in 33 states, there are still some exemptions given to husbands from rape prosecution. When his wife is most vulnerable (such as, she is mentally or physically impaired, unconscious, asleep, etc.) and is unable to consent, a husband is exempt from prosecution in many of these 33 states. Women who are raped by their husbands are likely to be raped many times. They experience not only vaginal rape, but also oral and anal rape. Researchers generally categorize marital rape into three types: Force-only rape: This is when husbands uses only the amount of force necessary to coerce their wives. Battering rape: Husbands rape and batter their