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NCJ Number: 68612 Find in a Library
Title: RAPE IN MARRIAGE - THE LAW IN TEXAS AND THE NEED FOR REFORM
Journal: BAYLOR LAW REVIEW  Volume:32  Issue:1  Dated:(WINTER 1980)  Pages:109-121
Author(s): M R KLATT
Date Published: 1980
Page Count: 13
Format: Article
Language: English
Country: United States of America
Annotation: THE NEED FOR REFORM IN TEXAS LAW WHICH DOES NOT RECOGNIZE THE POSSIBILITY OF A HUSBAND RAPING HIS WIFE IS CONSIDERED.
Abstract: PROPOSALS IN THE 1979 SESSION OF THE TEXAS LEGISLATURE WOULD HAVE REMOVED THE SPOUSAL EXEMPTION FROM THE RAPE STATUTE. ALTHOUGH THE PROPOSALS WERE NOT ADOPTED, THEIR CONSIDERATION INDICATES SIGNIFICANT SUPPORT FOR REFORM IN THIS AREA. THE CURRENT SPOUSAL EXEMPTION FROM RAPE IS BASED UPON THE RULE OF PERMANENT CONSENT, AND ANY ATTEMPT AT MODIFICATION HAS BEEN MET WITH SEVERAL OPPOSING ARGUMENTS, INCLUDING THE POSSIBILITY OF FABRICATED CHARGES AND SUITS, PROBLEMS WITH EVIDENCE AND PROOF, THE AVAILABILITY OF OTHER REMEDIES AND PENALTIES, UNFAIRNESS OF THE SAME PUNISHMENT FOR HUSBAND AND STRANGERS, AND THE DESIRABILITY OF A POLICY OF JUDICIAL NONINTERVENTION IN FAMILY MATTERS. WHILE THESE ARGUMENTS MAY BE VALID IN COUNTERING UNRESTRICTED PROVISION FOR A CRIME OF RAPE BETWEEN HUSBAND AND WIFE, PROTECTION SHOULD BE AFFORDED TO WOMEN NO LONGER LIVING WITH THEIR HUSBANDS, WHO HAVE INSTITUTED LEGAL PROCEEDINGS FOR TERMINATION OF THE MARRIAGE RELATIONSHIP, OR WHO HAVE BEEN VIOLENTLY SEXUALLY ATTACKED BY THEIR HUSBANDS. THE SAME FACTORS THAT LED THE TEXAS SUPREME COURT TO ABOLISH THE INTERSPOUSAL IMMUNITY FOR INTENTIONAL TORTS ALSO DEMAND LEGISLATIVE AND JUDICIAL RECONSIDERATION OF THE ABSOLUTE IMMUNITY BETWEEN THE SPOUSES FOR CRIMINAL PROSECUTION FOR RAPE. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Abusing spouses; Domestic relations; Law reform; Rape; Texas
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68612

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