CB People v. Liberta - unconstitutional under the 14 th...

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People v. Liberta 474 N.E. 2d 567 (N.Y. 1984) Fact: Procedural Facts: Operative Facts: Mario (defendant) and Denise were married, had a kid, and then Mario started to beat Denise. A temporary order to protection was issued by the Family Court stating that the defendant was to move out and remain away from the family home, and stay away from Denise. One day, he wanted to visit his son, but he missed his weekly so he got permission to pick up his wife and son and go to the his motel with both him and his friend. After the friend left, he forcibly (violently?) raped her in front of their 2 ½ year old son. He was convicted for rape in the first degree and sodomy in the first degree. Defendant challenged the charges to be unconstitutional, because it involves a “not married” and “only men” can be charged with rape. Issue: Broad Question: Does the marital Exemption of rape and the Exemption for Females of rape
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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.

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