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Unformatted text preview: unconstitutional under the 14 th amendment (of fairness)? Narrow Question: Rule: Husbands cannot be guilty of a rape on his wife because marriage gives the husband auto-consent from the wife, who cannot take it back. The Rape clause was to protect chastity of women and their property value to their fathers or husbands. Rational: The laws that was created by the time of Henry the IV, with no backing reason to it, and persist because of blind imitation from the past is horrible. Also, marital rape has shown to have more severe consequences than other rape. Holding: Yes, the two exceptions to rape is unconstitutionally under the 4 th amendment. Marital rape does exist, and it can be more traumatizing than rape itself. Also, females can rape too, because any form of penetration is considered rape. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.
- Spring '11