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Rape Fairfax Virginia Lawyer Marital Sex Public Policy

Rape Fairfax Virginia Lawyer Marital Sex Public Policy

Mitthun v. Commonwealth
Facts:

Defendant appealed his conviction for rape of his wife in the Circuit Court of Fairfax County (Virginia). Defendant claimed that the conviction had to be reversed because it was impossible for a husband to rape his wife under Va. Code Ann. § 18.2-61, where, at the time of the alleged offense, the parties were living separate and apart. He also argued that public policy was against a husband being charged with rape because it would have been disruptive to marriages.

Rape Fairfax Virginia Lawyer Marital Sex Public Policy

Rape Fairfax Virginia Lawyer

Issue:
  • Whether the trial court properly convicted the defendant for Rape charge?
Discussion:

The court found each of the assertions meritless. It said that defendant’s assertion that the common law rule still applied today was erroneous. It said that his estranged wife had a right to refuse sexual intercourse with him at the very least while they were separated. Additionally, the court said that it rejected the English common law rule regarding a husband’s marital exemption from a charge of raping his wife and the implied consent to marital intercourse as provides that a wife cannot unilaterally revoke her implied consent to marital intercourse. The court went further to say that defendant’s argument that the to revoke the marital exemption would have disrupted marriages was absurd. It said that a wife could have unilaterally revoked her implied consent to marital sex, where she made manifest her intent to terminate the marital relationship by living separate, and violations after that established a violation of Va. Code § 18.2-61. The court affirmed the conviction

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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