Many states' marital rape laws have loopholes that prevent prosecutions when spouses assault partners who are drugged or incapacitated.
Jenny Teeson, center in white, of Andover, Minnesota, looks on as Minnesota Gov. Tim Walz signs a bill at the Capitol in St. Paul, on Thursday, May 2, 2019, repealing a Minnesota law that prevented prosecutors from filing sexual assault charges against people accused of raping their spouse. Teeson, testified before legislative committees earlier this year about how her now ex-husband drugged her and made a video of himself raping her while she was unconscious.
“No longer will this antiquated and shameful law be on our books,” Gov. Tim Walz said as he signed the bill into law on Thursday. “The concept of a pre-existing relationship defense should have never been part of our criminal statutes.” All 50 states had laws making marital rape a crime by 1993, whether as a result of the two preceding decades of activism by women’s rights groups or because of a pivotal court ruling. Nearly 9% of women and 0.8% of men have been raped by an intimate partner, according to the Centers for Disease Control and Prevention. National surveys have placed the percentage of women raped within marriage between 10% and 14%.
One is Hale’s premise from the 1670s that marriage implies irrevocable consent and even property rights by the husband over his wife and her body. Those ideas have never truly disappeared, said Weisberg, author of a new reference book on domestic violence law. The 39-year-old from Andover, Minnesota, was going through a divorce in 2017 when she discovered a flash drive with videos taken by her husband. They showed him penetrating her with an object while she lay drugged and unconscious. In one, their 4-year-old lay next to her on the bed.
“She had to relive the trauma every time she shared her story,” Bigham told her colleagues during a debate in the Senate chamber this past week. “Her voice speaks loudly to those women who deserve justice. Let’s do the right thing. Let’s right this wrong.”
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