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Law and Gender

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Cleveland State University

1995

Marital exemption

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The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel Jan 1995

The Marital Rape Exemption: Evolution To Extinction, Lalenya Weintraub Siegel

Cleveland State Law Review

It is the position of this Note that true equality between women and men can never exist until every state has completely abolished the marital rape exemption. This abolishment would give every woman, married or unmarried, the freedom to control her own body. The purpose of this Note is to encourage legislators, and those who influence them across the United States, to complete the abolishment of the marital rape exemption. Part II of this Note presents an analysis of the common law origins and legal justifications for the marital exemption. Part III examines the progressive groundbreaking states which have set …