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Module IV: Statutory Constraints
Self Test and Answers: Statutory Constraints
Page 11 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
Self Test and Answers: Statutory Constraints
The last state to eliminate the total marital rape exemption did so in what year?
a. 1963
b. 1973
c. 1983
d. 1993
Many states still provide less protection to victims of marital rape than to victims of stranger rape.
a. True
b. False
Grounds on which some states provide partial immunity to marital rapists include the following: (Check all that apply)
a. The time limit for reporting marital rape is uniquely short.
b. The couple must be divorced or formally separated at the time of the rape.
c. The wife was unable to consent due to mental incapacity or physical helplessness.
d. The husband drugged the wife to render her incapable of consent.
e. The rape must involve a weapon, force, duress or threats or the infliction of great bodily harm.
At common law, the legal rationales for the marital rape exemption were the following: (Check all that apply)
a. A wife is the property of her husband, and he cannot be charged with damaging his own property.
b. Because a wife is used to having sexual intercourse with her husband, nonconsensual marital sex is not harmful enough to warrant criminalization.
c. Husband and wife are one person in law and a man cannot be charged with raping himself.
d. Marriage constitutes ongoing consent to sexual intercourse which cannot be withdrawn.
e. If marital rape were criminalized, many wives would file false complaints.
Module IV → Self Test and Answers: Statutory Constraints
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