Proposal would remove marital exception for rape

OLYMPIA, Wash. (AP) - Washington is one a handful of states where marriage remains an absolute defense against allegations of some forms of rape and sexual assault, and lawmakers considered a proposal Tuesday that would change that.
House Bill 1108 would remove the spousal exemption from both rape in the third degree - in which no physical force is used - and from taking indecent liberties.
"There is no such thing as legitimate rape," said Rep. Roger Goodman, D-Kirkland. "We have to get rid of this marital rape exception and catch up with the rest of the country."
Until the 1970s, most states considered marriage to preclude any form of rape. Washington removed the marital exemption for first- and second-degree rape in 1983. Over the past four decades, most other states, including all others in the Pacific Northwest, have removed the marital exception for all forms of rape.
Prosecutors and domestic violence groups testified in favor of the change in Washington state, which they said is long overdue.
Prosecutors have said that the current law has forced them to pursue lesser, misdemeanor assault charges in cases involving married couples that would otherwise qualify as third-degree rape.
Seattle-based criminal defense attorney Brad Meryhew said he has no objection to removing the marital exception for rape in the third degree but has concerns about doing so for indecent liberties.
Because a sleeping person is by law considered to be physically helpless, he said, touching your spouse while he or she is asleep could under the measure be interpreted as a class B felony, punishable by up to 10 years in prison and a $20,000 fine.
"We want to be careful about unintended consequences," said Meryhew. "We don't want to turn the marriage bed into a crime scene because I reach over and touch my husband's butt."
Goodman, the bill's sponsor, said he was open to amending the bill to address Meryhew's concerns, but said they struck him as "a little theoretical."
Goodman said he is "pretty confident" that the measure will pass out of the Legislature and make it to Gov. Jay Inslee's desk, adding that he is fully committed to championing it.
"I will do everything I can to make sure that we get rid of the marital rape exception in Washington," Goodman said.
House Bill 1108 would remove the spousal exemption from both rape in the third degree - in which no physical force is used - and from taking indecent liberties.
"There is no such thing as legitimate rape," said Rep. Roger Goodman, D-Kirkland. "We have to get rid of this marital rape exception and catch up with the rest of the country."
Until the 1970s, most states considered marriage to preclude any form of rape. Washington removed the marital exemption for first- and second-degree rape in 1983. Over the past four decades, most other states, including all others in the Pacific Northwest, have removed the marital exception for all forms of rape.
Prosecutors and domestic violence groups testified in favor of the change in Washington state, which they said is long overdue.
Prosecutors have said that the current law has forced them to pursue lesser, misdemeanor assault charges in cases involving married couples that would otherwise qualify as third-degree rape.
Seattle-based criminal defense attorney Brad Meryhew said he has no objection to removing the marital exception for rape in the third degree but has concerns about doing so for indecent liberties.
Because a sleeping person is by law considered to be physically helpless, he said, touching your spouse while he or she is asleep could under the measure be interpreted as a class B felony, punishable by up to 10 years in prison and a $20,000 fine.
"We want to be careful about unintended consequences," said Meryhew. "We don't want to turn the marriage bed into a crime scene because I reach over and touch my husband's butt."
Goodman, the bill's sponsor, said he was open to amending the bill to address Meryhew's concerns, but said they struck him as "a little theoretical."
Goodman said he is "pretty confident" that the measure will pass out of the Legislature and make it to Gov. Jay Inslee's desk, adding that he is fully committed to championing it.
"I will do everything I can to make sure that we get rid of the marital rape exception in Washington," Goodman said.
Rape is rape. No exception.
 @STK We all wish it was that simple so whenever there was an accusation, we'd just know it was true and not be having these debates. However, we don't live in Utopia. And those of us looking at the other side of this proposal are not saying those who rape should get away with rape. We're raising how there is a public lynching by the media anytime someone is accused and a push to kill due process by convicting someone just off an accusation.Â
Wow, the majority of you on this board really aren't getting what this is really about.
If you want some perspective try going to a women's shelter and listen to some of their stories than maybe you'll understand the need for this change in the law.
 @Mickey602 Only if you agree to go to a men's shelter and listen to their stories.
@Fenrir I have & most of the stories start with weed and loss of jobs
BTW, did everyone hear about the New Mexico republican state representative who has proposed legislation that would make women who get an abortion after being raped or becoming the victim of incest guilty of a felony count of destruction of evidence? Yeah, I'm not a fan either. Here's her contact information. Go wild: Brown, Cathrynn N. 1814 N. Guadalupe Street Carlsbad, NM 88220 cath@cathrynnbrown.com (575) 302-2746
@notez2cme
You should read the wording of the law and not the lefty nut out there trying to scare everyone into thinking heating the Republicans. The wording in the law is very clear. If you push or force someone that is the victim of a rape of incest the person YOU are guilty of a class b felony. Does some homework on what the media puts out before you look like the uneducated fool you now seem to be.
 @bustedupredneck Too many people don't do their homework. They truly do believe anything the media says. Do you realize that in 1993, some feminist made up a stat that women were terribly abused on Super Bowl Sunday and the bulk of news outlets ran the story and created PSA's? A journalist out of DC finally looked into the claim and, much to their surprise, found there was absolutely 0 evidence of this. And that it was a made up stat. They also use a false stat where they use something from the March of Dimes. The March of Dimes has come out and said they don't even have a study on what the folks are saying. Sadly, it's out there and no matter how much the March of Dimes says it's not true, it's still believed as being true. I guarantee that since I'm leaving so many remarks looking at the other side of this proposal, I've already been labeled as a "right wing nut job." I was a Democrat for years until I determined they are more hypocritical than Republicans.Â
@bustedupredneck
You're correct. Republicans seem to base everything off an archaic belief system while the Democrats simply work for women. Why is it anytime these new men's rights groups (which are generally focused on divorce and custody issues) speak up, politicians don't even acknowledge them? These groups are not about reversing the progress of the women's movement but instead speaking out on how men rights seem to have been thrown out the window. Every male politician is afraid about not being re-elected. So the safe thing to do is always get behind women's issues. They're afraid to support mens groups out of fear they'll be labeled as some "anti-woman chauvinistic pig."  Does the male vote even matter anymore? For some reason, the female vote is more important. When a female runs for office, do you ever hear her talk about trying to gain the mens vote? Of course not. I want to believe in the next few years, mens rights will begin to be taken seriously. If we remember, no one ever talked about gay rights or marriage in the early 90's. Now it's widely accepted just as it should be. It's a matter of time. But it takes men and women who see what's happening to speak out.Â
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@Lisa @bustedupredneck .
The worst are the professional politicians. They will say anything they can just to be reelected. That is followed with the media. They will only run what they think will get their position further. The truth is out there the lazy will sit in front of the TV and take in only what is spoon fed to them. I spent the first two summers out of high school working of a small town paper and was appalled at what did and did not make the pages. I had my eyes opened as to how the left worked.
I see the Mars Hill bunch have shown up to spew Driscoll's antiquated nonsense about love and relationships.
I like this law and it is about time ..
 @InMyOpinion I guess I like the law because it's just another system in place to discourage young men from marrying and pursuing their own dreams rather than giving into the dreams of the modern female.Â
Soon men will require signed and notarized statements from their partner(s) attesting to the contact being consensual. I can forsee the requirement for the act to be videotaped, with consent of both parties, to document the consensual nature of the contact. Then both parties being thrown in jail for making porn.
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Pretty soon all exchanges of bodily fluids will be deemed illegal.
 @Rider I've been saying this for the last 2-3 years now. It's to the point a man needs to have a legal contract drawn up, a lawyer present and a video filming the event so it's clear it was consensual. These laws have good intention, but what they end up doing is just the opposite.Â
@Lisa @Rider No you just have to make sure to marry someone you trust- someone who is an adult not only in age but in maturity. I would never accuse my husband of indecent liberties because he rolls over and touches me etc. Then again my husband knows no means no and its best to not piss of a sleeping wife lol.
And people seriously wonder why young men AREN'T willing to get married/ commit now a days? Let me break it do for you: Marriage is a girls dream. Boys do not fantasize over the day they're going to get married. When the marriage goes sour, the female has all the power to determine when the male is no longer needed and dump him like garbage. Thanks to all these laws that favor women, the female is allowed to keep the dream while collecting alimony, keeping the house, keeping the children and garnishing his paychecks and retirement. Now, we're going to give women the power to slap a felony on her husband because he touched her one night when she didn't want it. (However, the male is always suppose to be ready whenever the female wants to have sex.) I'm in awe of our society keeps giving women whatever they want while consistently telling men to change and accept. Women literally do not have to make any sacrifices for what they want. And so long as we keep placing laws in place to only protect women, the more young males will refuse to date and get married.Â
 @lisa I beg to differ with you. A rape claim does not require contact of any nature. Just the claim is enough to destroy a man's name and reputation before it even gets to court. In court men have the obligation to prove innocence in spite of Constitutional protections because the accuser is always the victim and therefore always right.
 @Rider  @lisa Yup. Rape trials, absent physical evidence and/or forcible rape, often end up being nothing more than he said/she said events. Character assassination and general poop flinging are common tactics on both defense and prosecution. Rape is one of the few crimes a person can be accused of and sentenced for without objective evidence.
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Don't misunderstand me, I want these scumbags punished. I'm just not convinced there will ever be a fair and impartial way to hold a trial when there's not objective evidence.
 @UtterReality That's all we're saying, Utter. We're just throwing out the other side of these proposed laws and how they can VICTIMIZE innocent people. We're not saying that those who rape should get away with rape. But instead how these laws can be manipulated. Unfortunately you have folks like  STK's remark "Rape is rape. No exception." who think it's this clear cut and generally believe anytime someone cries rape, the person accused must be lynched regardless of due process.Â
 @mhungry  @Rider  @lisa Yes, that's my concern as well.  How would the prosecution be able to prove that a crime took place without other visible signs of assault?  Already, all that a woman has to do these days to get rid of her husband is call the police and say that she feels threatened.  He'll then most likely get arrested due to mandatory arrest laws, get a no contact order against him and be banned from his own house.
 @Rider You and I are totally on the same page about this. We don't want those who have committed rape to get away with it. However, you and I are extending the problems with the system and how such laws can be manipulated by those who are spiteful. There's a large portion of people who truly believe this doesn't happen while the rest of us with common sense know it does. I'm exhausted of hearing that when there's not enough evidence it's some how the "patriarchy" oppressing women with a huge push to simply make convictions standard off accusations. And that when an investigation begins, it's somehow "victim blaming." See, I want both girls and boys to be taught about this problem for their own protection. But for some reason, the women's groups reject offering practical advice to girls and truly believe it is always the males responsibility. Not to mention, when the slut walk marches, where are the stories of female-female rape? We know darn well it happens with lesbian couples. I am convinced these people truly believe rape can only occur when it's done by the physical male anatomy.Â
 @Rider I agree with you 100%. You're spot on. Social and 24/7 news media paint any male who's been merely accused as guilty. Anytime people speak out about the lack of due process, there's a large crowd that think we're "victim blaming." I can tell you, I am not going to stand for a system where someone's accusation is enough to convict another without an investigation. Â
Its for the headache challenged..
"We want to be careful about unintended consequences," said Meryhew. "We don't want to turn the marriage bed into a crime scene because I reach over and touch my husband's butt."
Â
That remark doesn't even make any sense.
While forced sexual contact of any kind is despicable behavior and as such removing this exception is a good idea - I just hope people are careful not to take things too far. I have heard quite a few stories where sexual contact was consensual only for one of the parties to scream rape after the fact. I would think that such things are unheard of in a marriage type relationship, but we live in a weird world.
 @acmariner99 Never underestimate what can happen when potential divorce and child custody issues are involved.
 @UtterReality Thank You, UtterReality. There are too many who think women don't take advantage of these laws in time of divorce.Â
Wow. This is way overdue. I wonder why it took so long to get fixed.
This is way, way, WAY overdue. There are no circumstances when it is okay to force or compel sexual contact with another person, not even if you are married to them. I've heard men argue that because sex is a marital obligation they have a right to have sex with their wife whenever they want to, and words like that churn my stomach (even just typing them).
 @spacegoddess Imagine if we had some similar law every time a male was taken advantage of financially by a woman without his consent. Or we had divorce reform that didn't allow women to walk away with half of everything a man worked his -ss off for. Take a look online and see the countless stories and videos of women talking about how they want their husband/ boyfriend to take charge in the bedroom. Then look at all the stories of women crying about men not taking charge now a days. Do you wonder why? Men aren't willing to take charge anymore thanks to all these laws that screw them the 1 time a female feels spiteful and wants to get back at him. These laws are actually creating young men who don't really care about sex anymore and find it too risky for them. So in 5-7 years when young men are so unwilling to marry and re-production of humans is starting to look grave, will we pass a law that will somehow force young men to marry and procreate?Â
 @Lisa  @spacegoddess Actually this very thing you postulate is already happening. In Japan the trend is called Grass Eating Men. They have no desire for sex or marriage period and refuse to participate. Its become an epidemic wherein 36% of men 16 to 19, 60% of men in their 20's and 70% of men in their 30's have no desire for a girlfriend or to ever get married or reproduce.
 @Lisa  @spacegoddess Lisa,your screed has nothing to do with reality. "These laws are actually creating young men who really don't care about sex anymore". That would be hysterically funny as an SNL skit, but it simply is not reality.Â
 @MaxVonToadenoff  @Lisa  @spacegoddess Your SNL skit is already happening. It's called Grass Eating Men or Herbivore Men. It's most common in Japan where a full 60% of men in their 20's and 70% of men in their thirties have no desire to ever get girlfriends, get married, or reproduce.
 @UtterReality So let's look at it a little further. Young women still expect traditions that work in their favor while young men have been told not to expect/ demand traditions they want. For the most part, young men have accepted not to place a demand on a female. However, the modern young male is objecting to chivalrous ideals a large majority of women still expect and demand because it works in the females favor. If women want relationships, it's time for them to change a bit and stop placing outdated demands on men. Most young men simply aren't willing to be manipulated and therefore refuse to enter relationships.Â
 @MaxVonToadenoff  @Lisa  @spacegoddess Obviously men still care about sex, but marriage rates are at an all time low, and I don't see that trend reversing anytime soon.  My female friends complain about how men just want sex and not relationships.
 @MaxVonToadenoff Actually academic studies have been conducted and are finding that a lot of young men in the modern world feel this way now. You don't have to agree. It's only a matter of time until it starts becoming evident. (And it will.) The lack of desire to marry on be-half of young men is already well know. And those independent studies who have polled thousands of young men all concluded that young men see the system stacked against them, therefore they won't marry. Instead, biased groups love to state that the modern male doesn't want to grow up and therefore, why he won't commit. No, the modern young male is just smart and has observed their fathers and men before them screwed in divorces.Â