Marital Rape Exception in MN
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Controversial ‘Marital Rape Exception’ Repealed in Minnesota with Governor’s Signature
On May 2, 2019 Minnesota Governor Tim Walz signed into law a bill to repeal Minnesota’s ‘Marital Rape Exception.’ Before the repeal, Minnesota law shielded rapists from prosecution in certain instances if they were married to their victim at the time of the rape.
Testifying before the legislature, one Minneapolis woman shared her experience before of being drugged, raped, and video taped by her former husband. After reporting the case to law enforcement, the county attorney said her case could not proceed because she was the actor's legal spouse. It does allow prosecution if the couple is living apart and one of them has filed for legal separation.
Ultimately, the woman’s ex-husband was convicted of invasion of privacy in the case and served less than 30 days in jail. Teeson.
.Rep.Zach Stephenson, chief author of the bill, released the following statement after Governor Walz signed his bill into law:
“This is a historic day. We’re moving Minnesota’s laws out of the 19th century and recognizing that rape is a crime regardless of marital status. Every Minnesotan deserves justice when they are the survivor of a crime. The repeal of this abominable law is long overdue and I’m grateful for the bipartisan support. We’re doing the right thing for courageous Minnesotans who have shared their painful personal stories.”
In many states, the statutory definition of rape specifically excluded spouses.This can be traced back to British common law, which held a woman's unconditional sexual consent was part of the marriage contract.
However, this outdated view began to changein 1979 when a Massachusettsman broke into his estranged wife’s homeand sexually assaulted her. He was charged and ultimately convicted for spousal rape. After the incident, a number of states changed thestatutory definition of rape, the result being that spouses were no longer exempt and could be charged. By 1993, marital rape was illegal in all 50 states.
While marital rape was already illegal in Minnesota prior to 2019, before the new law was passed, it had been in a different category from traditional sexual assault charges which often resulted in prosecutors declining to file charges. Before the repeal of the Marital Rape Exception, Minnesota law made it extremely difficult for prosecutors to obtain convictions for sexual assaultwhere the victim was in a voluntary relationship with or the legal spouse ofthe perpetrator.
The Minnesota Sentencing Guidelines Commission estimates the repeal of the Marital Rape Exception will result in seven additional convictions each year statewide. The National Sexual Violence Resource Center said more than 50 percent of female victims of rape report being assaulted by their partner.
If you have been charged with a sex crime, you need a criminal defense attorney with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your court. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).
