I'm totally stealing this topic from PZ Myers and his blog post regarding a bill in the Bahamas that would outlaw marital rape. Of course the religious folks are all besides themselves about it, equating women to property and likening it to stealing one's own property, which would not be stealing and therefore charges of theft are ludicrous.

It's a no brainer for me, but I do wonder how the law would be written and my worry is this: women can be very, very mean and vindictive. A husband would have a hard time proving that he didn't rape his wife in some cases. Basically, I believe that a man can rape his wife and that it should be illegal but I worry that these laws could easily be abused.

What say you all?

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Its definetely true that a man can rape his wife, and I would agree that such a law could be very easily abused. As a criminal charge it would require proof beyond a reasonable doubt, which would definetely require more than the his word agianst hers that many such cases would rely upon. I'm not sure any such law could be abused in as a criminal charge for this reason. However, if one could make it a civil case (such as sueing for damages or trauma) such a case would not require as much evidence. I'm no laywer, and I'm not sure if anyone could actually do that.. but if they could I can easily see men being sued by ex-wives for all they're worth in his word agianst hers rape trials.
Thank you for mentioning this. I think women can be raped by men whether they are married to them or not. I think it's very important for the law to recognize the fact that women have the right to say "no" to their husband's advances. It's true that it's something that is difficult to prove or disprove in court, but I think the principle is what matters here.

In some countries, including Afghanistan, women are expected to have sex whenever their husbands want. I found out about this on an episode of Dogma Free America, thought I don't remember which episode. Here is an article about the Afghanistan situation:


I think that a clear signal needs to be sent that men do not own or dominate women, and that women have a right to decide whether or not they want to have sex. I'm sure in rare occasions, like any other law, someone could try to abuse it. But that doesn't change the fact that women have the right to decide if and when they want to have sex.
It is always great to get the perspective of law. It seems to me that law is the love child of ideals and the real world.
It is certainly possible for a husband to rape his wife, and it should be punishable as would any rape case. The burden of proof will be somewhat different, of course, as it would be decidedly odd to have to get verbal (recorded? a written statement?) approval and consent before each sexual act.

Offhand, and without any pretensions of being legal advice, I'd say that being married does not imply consent to have sex, but does imply consent to be propositioned.
Well, if a husband can't rape his wife, then a wife can't rape her husband. Ladies.. get out the broomstick handles!
Kidding aside -or not- a rape kit goes a long way in collecting proof. Irritation, redness, swelling, lacerations..ect go a good way in helping to prove rape.
Now I say HELPING to prove. Some people like it rough. ~shrug~ It would still be easy to set up.. but no easier to set up than anyone else having consensual sex.
Remember when date-rape was a case of "she was wearing the miniskirt, she deserved it!"
Kidding aside -or not- a rape kit goes a long way in collecting proof. Irritation, redness, swelling, lacerations..ect go a good way in helping to prove rape.

That may prove only that the husband is bad at foreplay! Or doesn't believe in foreplay.
Um.. torn vaginal tissue isn't usually a result of 'not being ready' I mean, some of the lesser symptoms, yeah. But major damage? Hmmm...
Maybe he is huge? Alright, alright...you win this round. I concede the point. :)
Damn. I was going to totally make you try and fit the rim of a pint glass in your lips until they tore just to prove a point.
Huge would have to be inhuman.
Then you'd have to poke the corner of your mouth really hard with a carrot. It would cause tearing.
It's the amount of force, Reggie...and angle.. and um.. other things that would denote a 'struggle'
And frankly, I'm a little upset you conceded this point instead of submitting to my method of proof.
I already managed to get broomstick handle sodomy squeezed in here somewhere. The imaging of you being mouth raped would have been equally entertaining.
I already pointed out in the above post that women are mean and vindictive. I knew this would not end well for me. As Kenny Rogers said, "you gotta know when to fold 'em".


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