
A Brief Introduction to Criminal Law (2nd Edition) Edit editionThis problem has been solved:Solutions for Chapter 6
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In several states, rape is a serious crime. Regions differ in the length of the sentence enforced, varying from no incarceration to life imprisonment. However, all states require persons convicted of rape to register as sex offenders.
Under common law, it was unlikely for a man to rape his wife, because wife was being considered as a property of a person and he had authority to do whatever he wants to his property. Hence, it was not because a husband did not have carnal knowledge of his wife, penetration could not be proven, the factor of coercion or danger could not be proven, or the state could not prove the resistance of a wife.
Hence, options (a), (b), (c) and (d) are incorrect.
Under common law, it was impossible for a man to rape his wife as being married meant that the woman had consented to be physically involved with her husband at whatever time he desired. As a result, sexual harassment inside the marital home and between partners was not punishable as an offense. Hence, wife was the property of husband, with which, he could do whatever he wishes.
Therefore, the correct answer is option.
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