Where this was said
Charges Filed & the Legal History of Marital Rape
At 35:10 · chapter starts 32:40
While the surgeons worked, police arrested Lorena at the nail salon and charged her with malicious wounding — a crime carrying a potential 20-year sentence. But what surprised many was that the prosecutor also charged John with one count of marital sexual assault. This prompted Alaina to pause and deliver what is arguably the most startling piece of legal history in the episode: prior to the mid-1970s, rape within a marriage was simply not illegal in the United States. A husband could not be prosecuted for sexually assaulting his wife. It wasn't until various feminist and activist groups pushed for reform throughout the late '70s and '80s that states slowly began changing their laws — and even then, by the early 1990s, several states still had no marital rape law at all. In Virginia, the charge additionally required that the couple be living apart, meaning the Bobbitts — who had no financial means to separate — were in a catch-22 even under the improved law. Ash and Alaina react with visible disbelief and anger, calling the historical legal framework 'disgusting' and 'horrifying.' [1] — Alaina Urquhart "Before the mid-1970s, rape within marriage was explicitly exempt from criminal law across the U.S. — a husband could not be prosecuted for …" 33:37
Prior to the mid-1970s, sexual assault within marriage was exempt from rape laws in the United States, meaning it was not illegal for a husband to rape his wife.
Before the mid-1970s, rape within marriage was explicitly exempt from criminal law across the U.S. — a husband could not be prosecuted for sexually assaulting his wife. By the early 1990s, several states still had no marital rape law. In Virginia, the charge also required the couple to be living apart. The Bobbitt case forced a national reckoning with laws many Americans didn't even know existed.
