[QUOTE="hartsickdiscipl"]
You're really overthinking this Gabu. No.. you don't have to have a legal requirement written in stone for how much sex a spouse is entitled to in order to throw the legal term of "rape" out the window in a marriage.
The idea is simple- Once 2 people are married, they're no longer eligible to accuse the other of rape. They can still accuse each other of assault and battery, which would often go along with a rape. There should be evidence of this, just like in any other rape case. Now, if a spouse is repeatedly sexually abusing their partner in such a way that it leaves no signs of physical abuse, something is awry. Either it isn't rape, or the offending spouse is really good at slipping their spouse the mickey. If that's the case, a divorce is the answer.
It's not that complicated. The idea is that once you're married, you need to work our your sexual problems between each other.
GabuEx
But your basis for rape being an inadmissable charge between spouses is that being married confers on both married parties the entitlement of sex whenever one party desires it. As marriage is a contract, that means that one of the points of the contract becomes the furnishing of sex whenever another person wants it. And that in turn means that a failure to furnish said brings one in breach of contract. And one who is in breach of contract can have a judgment brought upon them by a court of law to force them to provide the plaintiff that which the plaintiff is owed under the terms of the contract.
I'm simply pointing out for you the implications of your proposal and how it runs into problems when one recognizes that marriage is a contract and that you are creating an additional term in that contract, whether you know it or not. Nothing more.
My basis for rape being an inadmissable charge between married people is the idea that they need to work the sexual issues out between themselves.. not that I think there needs to be a tribunal to determine if the requirement is being fulfilled. The implications that you keep reiterating wouldn't be part of the picture if things were handled the way that I'm trying to describe.
If someone thinks that their needs aren't being met, they have options. 1) Stick with the partner and try to work it out 2) Get a divorce
The law wouldn't allow for any sort of hearing to determine if they were getting it on enough :P
Log in to comment