Dear Swivet,
Before I continue with the answer I've prepared for you, please,
insist that your family member get to the nearest Rape Crisis Center
for counseling. Take her there yourself if need be. She is suffering
a horrible abuse and breach of basic trust and needs to be able to
talk to women who have "been there" for strength and emotional
support. Rape Crisis Centers nationwide are staffed by rape survivors
- she needs to know that she is not alone and that it isn't her fault
and that she doesn't have to accept this abuse.
I am a twelve year veteran of a Rape Crisis Center, and a shocking
number of my clients over the years have been victims of marital rape.
It is much more common than we are often led to believe, and just as
devasting as if a stranger had committed the crime - perhaps even
moreso.
If you are willing to reveal the city in which your family member
lives, I will gladly look up the address and phone number of the Rape
Crisis Center in that area. Counseling is free and utterly
confidential, and counselors in many centers are trained to assist
rape survivors in putting their lives back together - including
helping with filing restraining orders, seeking new living space - and
finding a divorce attorney if the survivor chooses to avail herself of
his services.
If she plans to press charges, your family member will want to seek
out an attorney who specializes in domestic violence or rape cases.
She can get a referral from her local Rape Crisis Center, or from
Legal Aid in her city.
And now to address your questions:
According to the chart listed below, spousal rape (marital rape) is
not considered a separate offense in Utah:
Domestic Violence Criminal Laws by Level of Offense
http://www.ilj.org/dv/exhibits/exhibit1.html
Instead, marital rape is prosecuted under existing rape statutes
(which explicitly state that the law applies even if the perpetrator
is married to the victim). Marital rape has been a crime in all 50
states since 1993. The State of Utah defines rape thusly:
76-5-402. Rape.
(1) A person commits rape when the actor has sexual intercourse
with
another person without the victim's consent.
(2) This section applies whether or not the actor is married to
the victim.
(3) Rape is a felony of the first degree.
Utah State Code, 76-5-402
http://www.livepublish.le.state.ut.us/lpBin20/lpext.dll?f=id&id=Utcoden%3Ar%3A111da&cid=Utcoden&t=document-frame.htm&2.0&p=
As with stranger rape, marital rape is often difficult to prosecute:
"Q. What is marital rape?
A. In the past, it was presumed that a wife consented to sexual
intercourse with her husband and accordingly the crime of rape was not
applicable to marriage. The law has been changing in this area. Most
states now allow woman to initiate criminal proceedings against a
spouse for non-consensual sex. These cases are very hard to prove, and
generally require corroboration through physical injury."
Domestic Violence
http://www.thelawyerpages.com/legalqna/Domestic%20Violence#234
"6.4.3 Criminal remedies.
Criminal charges of assault, assault with intent to do grievous bodily
harm, sexual assault, rape and marital rape are all available to the
abused individual. The problem, however, is the strict onus of proof
which must be met in order for a successful conviction which is most
problematic in domestic cases as women do tend to hide physical proof
out of fear and wish for privacy within their communities."
The Commission on Gender Equality - FREEDOM, SECURITY AND PHYSICAL
INTEGRITY
http://www.cge.org.za/publications/freedom.htm
Because of feelings of shame and an unwillingness to call the crime
committed against them "rape", women who have been raped by their
spouses often do not follow the recommended procedure for reporting a
rape - which is to go to the nearest hospital emergency room *without
changing clothes or washing in any way*, and asking for a rape
examination. Emergency room staff will notify the police so that a
report may be filed at the conclusion of the exam.
If your family member plans to bring charges against her husband, it
is *imperative* that (I cringe to type this) the next time she is
assaulted, she get to the ER for a thorough examination *as soon as
possible*. Immediately, if she is able, but definitely within 72
hours to leave as much evidence as possible intact.
There is a very well written page explaining what happens during a
rape examination here:
If You Are Raped
http://www.geocities.com/Wellesley/9691/r3.html
She should follow this procedure to the letter. Though the page
doesn't specifically mention marital rape, the rules for collection of
evidence still apply. The more evidence collected, the better chance
she stands of winning her case.
I must be forthright with you: the rape examination is very
unpleasant from an emotional standpoint, especially after being
assaulted. Being alone during the exam can be very upsetting, and can
make it difficult for her to concentrate and cooperate with law
enforcement and medical personnel. I strongly recommend that she
contact her local Rape Crisis hotline either before going to the
hospital or immediately upon arrival so a volunteer may meet her there
and lend support during the exam. Crisis counselors have "been
there", and will be able to lend her comfort and solace during the
exam.
Though the cautions that rape cases can be difficult to prosecute
sound grim, marital rape cases *can be* and *are* successfully
prosecuted - 88% of them end in convictions, according to a study
cited by Virginians Aligned Against Sexual Assault (Virginia Coalition
of Sexual Assault Crisis Centers):
"Criminalization of marital rape has not led to frivolous complaints
in other states. The FBI says only 3% of sexual assault reports are
false—less than many other crimes. One study found that 88% of
prosecuted marital rape cases resulted in conviction."
VAASA Talking Points: bills that help victims of sexual assault
http://www.vaasa.org/talkpoint.pdf
With respect to Restraining/Protective Orders filed in the State of
Utah, they *are* legally enforceable in all 50 states - enforcement
procedures do vary from state to state, she'll need to check with the
appropriate agency in whatever community she moves to:
"Your order is good anywhere in the state of Utah. You should
register your order at the district court if you move to a new county.
Additionally, federal law provides what is called “full faith and
credit,” which means that once you have a protective order, it follows
you wherever you go in the United States, including U.S. territories
and tribal lands.
Different states have different rules for enforcing out-of-state
orders. You may have to register your protective order with the court
clerk in your new county. You can find out about your new state’s
policies by contacting a domestic violence program, the clerk of
courts, or the prosecutor in your new area.
Call the court where you originally received the protective order to
tell them your new address so that they can contact you if necessary."
How to Get a Restraining Order - What Happens If I Move?
http://www.womenslaw.org/UT/UT_how_to.htm#What%20happens%20if%20I%20move?
The entire page details the procedure for obtaining a Restraining
Order in the State of Utah:
How to Get a Restraining Order
http://www.womenslaw.org/UT/UT_how_to.htm
Would it be better to just seek divorce? I can't really answer that
for you or your family member. It's a decision that, as any counselor
will tell you, only she can make. Marital rape is, in my very biased
opinion, the ultimate betrayal of trust - a blatant violation of the
"love and honor" marriage vows, and a crime of violence and control.
She is in a complicated and heartbreaking situation. Please, get her
to a counselor so she can discuss her options and get the help she
needs.
If there is any other information I can help you find, please don't
hesitate to ask. I will gladly assist you.
Compassionately yours,
--Missy
For more resources and information about spousal rape and what actions
to take, I have compiled a list of organizations for you (I highly
recommend that your family member contact the National Clearinghouse
on Marital and Date Rape):
National Clearinghouse on Marital and Date Rape
Women's History Research Center Inc.
2325 Oak St.
Berkeley, CA 94708
510-524-1582
Offers information on state laws, telephone consultations (the charge
is $7.50 per 15 minutes)
http://members.aol.com/ncmdr/index.html
Center for Constitutional Rights
666 Broadway, 7th Floor
New York, NY 10012
212-614-6464
Ask for brochure entitled "Stopping Sexual Assault in Marriage."
Wife Rape Information Page
http://www.wellesley.edu/WCW/projects/mrape.html
Marital Rape
Author: Raquel Kennedy Bergen, Ph. D.
Description: This VAWnet report provides an overview of the research
on marital rape with (1) a brief legal history of marital rape; (2) a
discussion of the occurrence of marital rape;(3) a summary of the
effects of marital rape; and (4) an analysis of practitioners'
interventions with marital rape survivors.
http://www.vaw.umn.edu/finaldocuments/Vawnet/mrape.htm
My search terms included: [ "spousal rape" laws Utah ], [ "marital
rape" laws Utah ], [ "marital rape" "case law" ], [ "restraining
order" Utah valid in other states ], [ "rape examination" ], and a
variety of personal resources, including my own training as a crisis
counselor. |
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