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NCJRS Abstract

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NCJ Number: 149795 Find in a Library
Title: Law Enforcement Issues
Corporate Author: North Carolina Legislative Research Cmssn
United States of America
Date Published: 1993
Page Count: 48
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
North Carolina Legislative Research Cmssn
Raleigh, NC 27611
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: United States of America
Annotation: This report summarizes the six meetings held by the North Carolina Legislative Research Commission between November 1991 and January 1993 and presents and explains its recommendation that the spousal defense to a prosecution for rape or a sexual offense be repealed.
Abstract: The commission focused on crime patterns and trends in North Carolina, the role of law enforcement, drug law offenses, the work of the Sentencing and Policy Advisory Commission, parole, the crime control program in Charleston, S.C., the law regarding concealed weapons, domestic assault, and marital rape. The Study Committee on Law Enforcement heard extensive testimony from victims and persons who work or volunteer in domestic violence organizations regarding the elimination of the marital exemption from sexual assault prosecutions. This exemption is a remnant of English common law, in which married women lost their legal rights. Another argument against the exemption is constitutional in that other State appellate courts have rules that treating married women differently from unmarried women violates the equal protection clause. Therefore, the Study Committee recommends repealing this exemption. Appended background information, tables, and list of committee members
Main Term(s): State courts
Index Term(s): Defense; North Carolina; Rape law reform; Spousal Rape
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=149795

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