'The legacy of legislators and judges turning a blind eye to rape and sexual assault underscores why it matters who sits on our courts.' michelebgoodwin reports:
to issue an arrest warrant for Anthony Russell, who had a history of brutally battering his wife; hours later, Russell murdered his estranged wife.
Legal jurisprudence in the U.S., from its earliest origins through the late 1980s, is replete with cases where courts refuse to punish men for raping their wives—the women to whom they swore their loyalty, love and protection. According to the, it “was a grave breach of marital duty” for wives to refuse intercourse with their husbands, and, the Court explained, “a husband may enforce sexual connection… and… in the exercise of his marital right he cannot be guilty of the offense of rape.
Indeed, parental immunity has been used by fathers as a successful defense against incest in civil cases. Courts have found it to be disruptive of family harmony for girls to litigate against their fathers in cases of incest. In a case concerning the gang-rape of a 10 year old girl, the Supreme Court of Massachusetts
Historically, it could be argued that U.S. courts were never concerned with women’s capacities or autonomy in evaluating choices with regard to sex, sexuality and reproduction. Those types of questions were unnecessary to ask and answer; ostensibly, women’s and girls’ responses were irrelevant.
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