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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #16  
Old 08-05-2006, 09:39 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 34,546
Quote:
Originally Posted by CdwJava
And even if two people are married, the husband does NOT have a right to forcibly take his wife! "No" still means, "No." The neanderthal notion of marriage equaling the right to abuse or rape one's wife should be almost out of the American psyche ... apparently it might still be clinging on in some corners.

- Carl
Carl I had to comment on this: In Ohio, the rape laws do not consider a spouse capable of being raped by the person to which they are married.
A) (1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:

(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.

(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.


(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.

And prosecutors will not prosecute spouses in this state (have talked to several) unless there are severe bruises or evidence of major force. Things that would be considered rape if you were not married -- use of the date rape drug and such -- are perfectly allowable in Ohio if it is a spouse administering it. Sad but true. Saying no in Ohio does not mean that the woman who said no was raped even if the other person continues.
  #17  
Old 08-07-2006, 04:03 PM
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Join Date: Jul 2006
Posts: 4
Unfortunatly he was from NYC and that law also changed not long ago or after the oj simpson thing i believe.

I asked him he said that, he never forced himself upon her or any of the sort.
He also said a few months before he saw her searching for info on greencard documents on the net and also russian friend began appearing after 8 months in the country...

I told him leave the B* and find himself someone else, nooo he was blindly in love so fell into a stupid hole.

I told him since she came on a fiance visa, she could not marry any other person, her only legal way out of the marriage was for spousal abuse which would then give her the right to stay and adjust status.
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