Okay, just to be clear, your position is that marital rape isn’t prosecuted? And that women do not report it? I can’t help you on the not reporting it part but if you research you will find that there are a lot, and I mean a lot of spousal rape convictions going all the way back to 1979. Here’s a few of the more natable ones. The cases are there if you want to search them.
• Massachusetts (1979): In Commonwealth v. Chretien, Richard Chretien was convicted of raping his estranged wife, Carmelina. He broke into her home and assaulted her. This is considered the first conviction for marital rape in the U.S. He was sentenced to 3-5 years in prison.
• New Jersey (post-1981 trial): In State v. Smith, Albert Smith was convicted of raping his estranged wife after breaking into her apartment, beating her, and assaulting her in front of their children. The case stemmed from a 1975 incident, and the New Jersey Supreme Court ruled in 1981 that no marital exemption applied under the circumstances, allowing the conviction to stand.
• Virginia (1984): In Weishaupt v. Commonwealth, Ronald Weishaupt was convicted of raping his wife after the couple had separated. The Virginia Supreme Court affirmed the conviction, establishing that a husband could be guilty if the marriage was effectively over and the wife had clearly revoked consent.
• New York (1984): In People v. Liberta, Mario Liberta was convicted of first-degree rape and sodomy against his estranged wife, Denise, in front of their young son. This was the first such conviction in New York, and the Court of Appeals struck down the state’s marital exemption as unconstitutional while upholding the conviction.
• Georgia (1985): In Warren v. State, Daniel Steven Warren was convicted of raping and committing aggravated sodomy against his wife while they were still living together. The Georgia Supreme Court ruled that no implicit marital exemption existed in the state’s statutes, affirming the possibility of such convictions.