Gallowglass
Member
I presume you are referring to section 16-3-358. That is the section that deals with spouses. The South Carolina statute states that a spouse can be convicted of raping a spouse. It says is that it will be a third degree felony instead of a first or second degree (with an exception allowing for spouses that are living apart could be charged with first or second degree). There is nothing in this statute that allows a spouse to drug the other into sex. So, you didn’t really provide an example of a state that disallows a spouse being guilty or felony rape nor one that allows one spouse to drug the other into sex.
They can only be convicted of rape if there is physical force or physical violence. If there is no physical force, because they are drugged, legally it is not rape in South Carolina.
But, if that’s not clear enough, let’s move to a different state, and here I admit I was wrong, only because the law changed within the last three years. In Ohio, you could only charge a spouse with rape under law A(2) of 2907.02 which states that: "No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force." You couldnt charge a spouse under A(1)(a) of 2907.02, where rape "surreptitiously or by force, threat of force, or deception" is an issue. That was apparently changed in 2015, and this article even states that various forms of rape were legal against a spouse.
http://www.mytownneo.com/news/20150...ng-statute-of-limitations-on-rape-convictions
Here’s the important bit to this conversation:
Reps. Greta Johnson (D-Akron) and Teresa Fedor (D-Toledo) also want to ensure victims of rape and sexual battery can pursue charges against their spouses.
“Right now, we live in a state where certain offenses of rape and all offenses of battery are not considered crimes if they’re committed against a spouse,” said Johnson, a former prosecuting attorney in Mahoning and Summit counties.
Here’s another article which points out the semi-legal status:
https://www.thedailybeast.com/marital-rape-is-semi-legal-in-8-states