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theweaselkingThe 49-year-old woman was awakened around midnight by an assailant who choked her, dragged her by the hair and raped her so many times before the sun came up that she lost count, police say. When she asked if she would live, her attacker allegedly told her: "We'll see."
He's been arrested. He's on trial. Under the law, he faces... 1 year and a half in jail, at most! Why? Because he's her husband.
Prosecutors in Coconino County, where the alleged attack occurred, say the disparity is unconstitutional. So in addition to bringing kidnapping and assault charges against the 45-year-old man, they have charged him under the standard rape law, setting the stage for a legal battle over whether Arizona's spousal rape statute violates the Constitution's equal protection guarantees.
Some states give women less time to come forward with a claim against a husband, or require proof that force was used. Most non-spousal rape laws require proof only that the assailant lacked consent.
Tennessee says spousal rape should be punished by three to six years in prison, while other rapes carry eight to 12 years. In South Carolina, aggravated spousal rape involving couples living together carries a maximum of 10 years in prison; roughly the same crime committed by someone else can bring 30 years.
Many spousal rape laws were drafted in the 1970s and were considered progressive at the time, because they recognized it was possible to rape a spouse. Historically, wives were considered the property of their husbands, and sex was regarded as a wifely duty.
Steven Harvey, the defendant's attorney, said he will seek to have the rape charge dismissed because the couple are married. "They can file any charge they want, but it's a charge that has an absolute defense," Harvey said.
Coconino County prosecutors' challenge to the law is unusual. Prosecutors usually lobby legislatures on laws they disagree with, or hit the defendant with additional charges to lengthen the possible prison time.
In this case, they filed a request to prevent the defendant from using the couple's marriage to get the charge thrown out.
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Yeah. Let's repeat that: The only charge they *legally* can file carries a maximum sentence of 1.5 years. They've filed more on the grounds that the restriction against filing the more serious charges is unconstitutional, but those extra charges require the judge to change the law if they're going to stick.
He's been arrested. He's on trial. Under the law, he faces... 1 year and a half in jail, at most! Why? Because he's her husband.
Prosecutors in Coconino County, where the alleged attack occurred, say the disparity is unconstitutional. So in addition to bringing kidnapping and assault charges against the 45-year-old man, they have charged him under the standard rape law, setting the stage for a legal battle over whether Arizona's spousal rape statute violates the Constitution's equal protection guarantees.
Some states give women less time to come forward with a claim against a husband, or require proof that force was used. Most non-spousal rape laws require proof only that the assailant lacked consent.
Tennessee says spousal rape should be punished by three to six years in prison, while other rapes carry eight to 12 years. In South Carolina, aggravated spousal rape involving couples living together carries a maximum of 10 years in prison; roughly the same crime committed by someone else can bring 30 years.
Many spousal rape laws were drafted in the 1970s and were considered progressive at the time, because they recognized it was possible to rape a spouse. Historically, wives were considered the property of their husbands, and sex was regarded as a wifely duty.
Steven Harvey, the defendant's attorney, said he will seek to have the rape charge dismissed because the couple are married. "They can file any charge they want, but it's a charge that has an absolute defense," Harvey said.
Coconino County prosecutors' challenge to the law is unusual. Prosecutors usually lobby legislatures on laws they disagree with, or hit the defendant with additional charges to lengthen the possible prison time.
In this case, they filed a request to prevent the defendant from using the couple's marriage to get the charge thrown out.
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Yeah. Let's repeat that: The only charge they *legally* can file carries a maximum sentence of 1.5 years. They've filed more on the grounds that the restriction against filing the more serious charges is unconstitutional, but those extra charges require the judge to change the law if they're going to stick.
(no subject)
Date: 2005-02-08 12:56 am (UTC)(no subject)
Date: 2005-02-08 12:59 am (UTC)I think I'll submit that to the state tourism board...
(no subject)
Date: 2005-02-08 01:07 am (UTC)(no subject)
Date: 2005-02-08 01:34 am (UTC)(no subject)
Date: 2005-02-08 01:37 am (UTC)(no subject)
Date: 2005-02-08 06:16 am (UTC)If theft is not illegal, and you steal from me, then theft becomes illegal, you cannot be prosecuted.
If theft is illegal, and you steal from me but are immune to prosecution because people named Josh cannot be charged with theft, only with a lesser "leaving fingerprints on John's stuff" charge, I can challenge that prohibition - your immunity - on the grounds that if anyone else steals, they get punished, but you don't. Since this violates a constitutional guarantee that the law will apply equally to all people, the law that prevents me from charging you with theft can be struck down.
(no subject)
Date: 2005-02-08 04:10 pm (UTC)I hope they nail the bastard.
(no subject)
Date: 2005-02-08 02:06 am (UTC)Oh, PUKE.