Added: Benard Shows - Date: 28.12.2021 21:50 - Views: 26654 - Clicks: 9591
Historically, rape laws provided a martial exemption in English and American jurisprudence. It is rooted in biblical traditions that a spouse has an obligation to have sexual relations with the other spouse, so the idea that he or she can be deprived of consent did not make sense under the law.
This martial exemption used to be codified by statute in all 50 states. He found his wife in the living room and forced her into her own bedroom to engage in sexual intercourse against her will.
He was charged with first-degree criminal sexual conduct. The district court judge found there was probable cause at the preliminary exam that this crime was committed and bound the matter over for trial in the circuit court. The defendant filed a motion to quash the information, contending that the marital relationship precluded a finding that first-degree criminal sexual conduct had been committed. The circuit court judge refused to dismiss the charge, so the defendant brought the matter to the Michigan Court of Appeals.
The majority found that the charge should have been dismissed because the statute clearly provided an exemption from prosecution. Although the defendant was living apart from his wife, nobody filed for separate maintenance or divorce as required by the marital exemption law, so he could not be convicted of raping his wife and the charge should be dismissed. Judge Burns filed a concurring opinion in the case, agreeing that the result was proper due to the plain language of Michigan law but strongly urging the Michigan Legislature to change the law and prevent this unfortunate situation from happening again.
The Legislature listened and passed legislation to nullify the marital rape exemption. Effective June 1,MCL The statute largely wipes away the marital exemption and makes a person subject to criminal charges if he or she engages in sexual contact with a spouse without his or her consent.
This means that a spouse can potentially drug his or her spouse with consent and then engage in sexual contact without their permission or knowledge. On September 11,Rep. This bill still has not been passed by the Michigan House of Representatives. However, this marital rape exemption is always subject to change if the Legislature takes action. A charge of sexual assault is extremely serious and can result in fines, probation and even imprisonment.
Failure to comply with the requirements of the sex offender registry can subject the individual to additional criminal penalties and further imprisonment. You need a criminal defense lawyer in your corner that will vigorously protect your rights and hold the prosecutor to their burden of proof to find you guilty beyond a reasonable doubt.
It may be these lesser known laws that means the difference between regaining your freedom and losing it for years to come. Call Us Today. However, a person may not be charged or convicted solely because his or her legal spouse is under the age of 16, mentally incapable, or mentally incapacitated. Matt Vititoe Selected in Thomson Reuters. Review Us. Steven T. Matt Vititoe. Selected in Thomson Reuters.Wife for sex michigan
email: [email protected] - phone:(534) 268-5551 x 4370
Can You Be Convicted Of Spousal Rape In Michigan?