Delta4Embassy
Gold Member
Rereading my state's sex-related laws this morning something I never thought much about jumped out at me:
RSMO-Chapter 566
"Marriage to victim, at time of offense, affirmative defense, for certain crimes.
566.023. It shall be an affirmative defense to prosecutions pursuant to sections 566.032, 566.034, 566.062, 566.064, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense. "
Sections mentioned above are statutory rape and sodomy, child molestation, and sexual abuse sections. Above statute makes it legal to have sex with your spouse so long as you're married thereby protecting you from what would otherwise be consider unlawful statutory rape type charges.
Outside of marriage, you must be 17 or older to have sex with someone else 17 or older. But you can get married at 15 if you have parental consent. And even younger still if with a judge's permission 'when such a marriage is advisable with good cause.' (statute doesn't define what such a good cause is unfortunately.)
This is the meat of the issue though,
566.090. (Transferred 2013; now 566.101)
Sexual abuse, second degree, penalties.
566.101. 1. A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person's consent.
In other words, as the first section at top says, if you're married you're immune from being prosecuted for the following sections including the one above. "Without their consent" This seems to be saying you can lawfully 'sexually abuse' you own spouse without their consent so long as they in fact are your lawful spouse.
(3) "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;
RSMO-Chapter 566
"Marriage to victim, at time of offense, affirmative defense, for certain crimes.
566.023. It shall be an affirmative defense to prosecutions pursuant to sections 566.032, 566.034, 566.062, 566.064, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense. "
Sections mentioned above are statutory rape and sodomy, child molestation, and sexual abuse sections. Above statute makes it legal to have sex with your spouse so long as you're married thereby protecting you from what would otherwise be consider unlawful statutory rape type charges.
Outside of marriage, you must be 17 or older to have sex with someone else 17 or older. But you can get married at 15 if you have parental consent. And even younger still if with a judge's permission 'when such a marriage is advisable with good cause.' (statute doesn't define what such a good cause is unfortunately.)
This is the meat of the issue though,
566.090. (Transferred 2013; now 566.101)
Sexual abuse, second degree, penalties.
566.101. 1. A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person's consent.
In other words, as the first section at top says, if you're married you're immune from being prosecuted for the following sections including the one above. "Without their consent" This seems to be saying you can lawfully 'sexually abuse' you own spouse without their consent so long as they in fact are your lawful spouse.
(3) "Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person;
