{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

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

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

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:...
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern