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- BEHAVIOR, Page 52COVER STORIESWhat If a Wife Says No?
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- "But if you can't rape your wife, who can you rape?" A crude
- joke, but a fair reflection of a common attitude for most of
- history. Until 1979, most states had rape laws that explicitly
- protected husbands from prosecution for even the most violent
- rapes of their wives. For a woman to refuse to sleep with her
- husband was grounds for divorce. But over the past decade, the
- attitudes and the laws have slowly shifted. A generation that
- saw an epidemic of wife beating and wife murder could hardly
- pretend that sexual violence within marriage was not also a
- crime. In a 1990 study a House committee estimated that 1 in 7
- married women will be raped by their spouses. Very few crimes
- will be reported, however, since women assume that no one will
- believe them. "People think marital rape is she has a headache
- and doesn't want to have sex and she gives in," says Ann Marie
- Tucker, executive director of the Citizens Committee on Rape,
- Sexual Assault and Sexual Abuse in Buffalo. "That isn't it at
- all. The sexual abuse is often part of an ongoing pattern of
- physical intimidation and violence."
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- Women who do press charges face a heavy burden of proof.
- The National Clearinghouse on Marital and Date Rape in Berkeley
- reports that though 20 states have completely eliminated
- preferential treatment for husbands, 26 other states hover in
- a gray zone: without gross brutality, the husband has the
- benefit of the doubt. If prosecutors decide they have enough for
- a case, however, they usually win; between 1978 and 1985, only
- 118 cases of spousal rape went to trial, but 104 wound up with
- a conviction.
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