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Question by Jeremy P:

Has anyone in the English speaking world been charged with marital rapte?

Canada is quite involved in the Afghanistan mission, and recently Afghanistan has passed a law that (among other things) takes away the right of a women to refuse her husband sex. Canada is outraged. My question is this:
(1) has any charge of rape against a husband ever been plead out or gone to jury(including an acquittal) in Canada
(2) If so, outside Quebec?
(3) if not has any charge gone to jury/plead out in US/UK/NZ or Australia - ever?
if not then English law and Afgahn law seem to be about the same thing.




Best answer:

Answer by karen star
My examples are anecdotal, so I don't have any links, but yes.

I live in the US. I know of at least one woman who has divorced her husband, and used marital rape as part of the foundation for the divorce and subsequent child custody hearing. That man was not criminally prosecuted, but I think he could have been.

Domestic abuse can and sometimes does include charges of marital rape. I don't have any statistics for you, but I'm sure those cases have resulted in criminal charges in some cases.

I know personally of a case where a young man and his girlfriend got into a fight. When the police showed up, she said he had broken into the house they shared after she had tried to lock him out during the argument, and that he physically attacked her and then raped her. She later recanted, saying that the sex they had earlier in the day had be consensual, and she only said he raped her because she was furious with him over the argument. However, the district attorney in that case believed that he was coercing her to change her testimony, and refused to drop the case. The young man was faced with 10 years if he pleaded guilty to a lesser charge but life in prison if he didn't plea-bargain and was convicted. He eventually pleaded guilty to assault and battery and to a sexual assault charge (I don't know how it was worded). He was sentenced to 10 years in jail. He served four years and is out on probation now, but he must register as a convicted sex offender for the rest of his life.

THAT DA took the charge of marital rape (they were common law married, though not "church" married) VERY seriously.

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