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  • The Abolition of Marital Rape Exemption

    Legislation continues to be the primary source of change in a democratic society. Women have certainly benefited from progressive legislation that has protected their civil rights. However, the government has been less inclined to protect women's personal health. FMLA and Title IX challenged the public institutions of education and employment in society. Women's health, on the other hand, has been a touchy subject dating back to the decision of Roe v. Wade (1973). Abortion discussions have remained consistently passionate, and heated debates often ensue over whether a woman has sole right to her body. Women's bodies and their personal rights became overtly political issues and women demanded equality in the private as well as public sphere. A woman's right to protect her body should be a serious issue for all women who can sympathize with the victims of domestic violence.

    Women are more often the victims of domestic violence than victims of burglary, muggings, or other physical crimes combined. Every nine seconds a woman is physically abused and 85% of all marital rape cases include some form of physical violence. Despite the elimination of Marital Rape Exemption, the clauses have not been completely removed from all state laws. As of March 1996, only 17 states and the District of Columbia had gone so far as to fully abolish the Exemption. Wife rape is the most common type of completed rape compared to assault by a stranger. Wife rape victims are more likely to be raped multiple times and women who suffer long lasting physical and emotional trauma that is as severe or more severe than stranger rape victims. A wife violated by her lifelong husband, someone with whom she shares her bed, her home, and perhaps her children, is likely to lose sight of her personal rights. Victims of sexual assault, rape, and physical violence are all too often seeking refuge from husbands, ex-husbands, or intimate male partners.


    Copyright Molly Egan, Jason Wood; Lehigh University 1999