There was a time in the U.S. when there was no such thing as “marital rape.” Slowly but surely, states have changed their laws so that a person can be charged with rape or sexual assault even if the alleged victim is their spouse.
Maryland has been one of the few states to continue to allow a “spousal defense” to a rape and other sex offense accusations – at least in some cases. This year, Maryland state lawmakers voted to end the spousal defense completely. Gov. Wes Moore signed the legislation into law. It takes effect on Oct. 1 of this year.
How is the current law changing?
Under the law that’s in place now, a person cannot be prosecuted for rape or sexual assault of the person to whom they’re legally married unless any of the following is the case:
- They had been living separately for at least three months prior to the alleged assault.
- They have a legal separation agreement.
- They used “force or threat of force.”
Therefore, if a couple is living together, for example, one person currently can’t be prosecuted for incapacitating the other with alcohol and/or drugs and having sex with them.
Efforts by Maryland lawmakers to repeal the spousal defense go back several years. One of the legislation’s sponsors says that part of the problem was that “there was a lot of rhetoric used against this bill in the past that made people believe that familiar touching within relationships might be prosecutable, which was never the case.”
Things can get complicated in all relationships – and certainly in marriages. If you find yourself facing an accusation of rape or any sex offense against your spouse, it’s crucial to understand the law and to take the matter seriously. Having experienced legal guidance can help.