On Tue, 08 Feb 2005 00:16:42 -0800, Hardpan  wrote:

>Victims Push For Stricter Laws After Violent Spousal Rapes
>
>February 7, 2005
>
>AP
>
>FLAGSTAFF, Ariz. -- The 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."
>
>Usually, rapes like the one described by the woman in September would
>be punishable by up to 14 years in prison in Arizona. But the man
>accused in the attack was the woman's husband, meaning the crime
>alleged is considered spousal rape.
>
>The punishment: no more than 1.5 years behind bars, and perhaps no
>prison time at all.
>
>Prosecutors in Coconino County, where the alleged attack occurred, say
>the disparity is unconstitutional. So in addition to bringing
>kidnapping and assault charges against they 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.
>
>"The current statutes are extremely unfair and unconstitutional, and
>they need to be changed," said David Rozema, chief deputy in the
>Coconino County Attorney's Office.
>
>Advocates for domestic violence victims say few states treat spousal
>rape and other forms of rape as disparately as Arizona does.
>
>Arizona law sees spousal rape as the lowest possible felony. The
>burden of proof is higher than it is in standard rape cases. And it
>makes no difference under the law whether the spouses are estranged or
>living apart.
>
>"It treats victims differently solely because of their marital
>status," said Keli Luther of the Crime Victims Legal Assistance
>Project in Arizona. "We think this is really archaic."
>
>About half of the states treat spousal rape differently from other
>types of rape, according to the American Prosecutors Research
>Institute, the research arm of the National District Attorneys
>Association.
>
>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.
>
>Luther is representing a rape victim in a separate case challenging
>Arizona's law in the state Court of Appeals. Also, a bill that would
>make the punishment for spousal and non-spousal rape the same is
>before lawmakers this year.
>
>An effort to change the way Arizona treats spousal rape died in the
>Legislature last year. Some lawmakers have expressed concerns about
>possible false allegations or the difficulty in proving charges when
>the defendant and the victim had a prior sexual relationship.
>
>In the Coconino County case, the defendant, who is not being
>identified by The Associated Press to protect the wife's identity, has
>pleaded innocent to attacking his wife at a motel where the couple had
>been living.
>
>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.

I have to wonder if domestic abuse laws would or could be used or
modified to cover these assults? There is a valid argument in that an
allegation of rape could be used as a weapon.

I want to state here that, as I have always held, there is NO
VALIDATION for physical violence. A person that comits an assult
described in this piece should have the harshest of sentances imposed
upon him/her upon conviction. PERIOD.

In the same breath I do want to state though that any law can and WILL
be abused in it's execution. We must protect the victum, granted....
but we also need to be mindful about creating innocent victums through
unscruplous misuse and corruption of the intent of any laws created to
deal with this problem. What should happen to the person that makes a
false claim?

And I have to also ask..... what about a wife that refuses her
husband's advances? What recourse does the husband have? Is refusal of
sex in a marriage grounds for a divorce? Should a husband in this
position be allowed to leave the marriage on an even footing without
reprisal?

There are two sides to a coin. We need to consider them both. But in
as obvious a case as is exhibited here I don;t think any of us would
disagree that the husband deserves the worst that we can deal him!

By the way, I live in South Carolina and I DO feen no equity in the
two punishments. But I DO believe that there are other charges that
could be used in this case such as Assult with intent to do grevious
bodily harm, Attempted murder and terrorist/kidnapping laws.



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