(June 2, 2015 at 8:44 pm)Losty Wrote: There are a handful of states that do not accept mistake of fact as a defense for rape. There are also a few states who legally define rape as unwanted or forced sexual intercourse with a person who is not your spouse (which I think is pretty fucked up).
I am lazy, can someone please tell me why we are talking about marital rape now?
The majority position (that would be the majority of states) will accept mistake of fact as a defense to rape.
We got on the subject of marital rape because it was not possible at common law due to marriage being an implicit agreement to intimacy. However under the petitioners desired change to marriage the definition will become recognition and security centric such that marriage will not constitute and implicit agreement to intimacy. General opposition to child/adult marriage is based on opposition to the idea of child/adult intimate relations. If the definition is change than marriage will not imply intimacy and there is no reason under strict scrutiny to deny a child over the age of 5 years from engaging in a marriage.
