815 Property Theory
Intimate Partner Sexual Abuse
Adjudicating This Hidden Dimension of Domestic Violence Cases
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Module IV: Statutory Constraints

Property Theory

Page 3 of 13

Module IV

Table of Contents and Learning Objectives

Origins of the Marital Rape Exemption

Property Theory

Unity Theory

Ongoing Consent Theory

State Law Reforms

Categories Of Immunity

Extra Requirements

Interspousal Tort Immunity

Interspousal Tort Immunity (cont'd)

Self Test and Answers: Statutory Constraints

Reflection Questions: Statutory Constraints

Key Points: Statutory Constraints
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Module IV: Statutory Constraints

Property Theory

The property theory was rooted in Biblical and Roman law. Under this theory, women were the property of men. Rape was not an offense against the woman herself but against the man who owned her. Rape of an unmarried woman was an offense against her father. Rape of a married woman was an offense against her husband. A husband could not be charged with raping his wife because she was his chattel to do with as he saw fit.







Module IV → Property Theory
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