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Sacred sex: Why has no cult or religion done this?

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
 

Shaul

Well-Known Member
Premium Member
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
That’s not true. The South Carolina statute includes the use of drugs or weapons in addition to violence as alternate elements of rape. See 16-3-651(g). There’s no need to discuss Ohio or your dubious sources since it is evident you got South Carolina’s law wrong and don’t know what you are talking about.
 

Gallowglass

Member
That’s not true. The South Carolina statute includes the use of drugs or weapons in addition to violence as alternate elements of rape. See 16-3-651(g). There’s no need to discuss Ohio or your dubious sources since it is evident you got South Carolina’s law wrong and don’t know what you are talking about.

I cited multiple sources that agree with me, do you have any sources that back up your statements or are you just going to repeat yourself? What don’t you consider a dubious source?

Actually here: here are the actual laws. Please show me the section that says you can charge a spouse with sexual battery. 16-3-651 is a list of definitions not their applications.

https://www.scstatehouse.gov/code/t16c003.php

And here is an actual lawyer’s site, saying there has to be force.

https://www.cdvlawyer.com/domestic-violence/felony-domestic-violence/south-carolina-rape-law/
 
Last edited:

Shaul

Well-Known Member
Premium Member
I cited multiple sources that agree with me, do you have any sources that back up your statements or are you just going to repeat yourself? What don’t you consider a dubious source?

Actually here: here are the actual laws. Please show me the section that says you can charge a spouse with sexual battery. 16-3-651 is a list of definitions not their applications.

https://www.scstatehouse.gov/code/t16c003.php

And here is an actual lawyer’s site, saying there has to be force.

https://www.cdvlawyer.com/domestic-violence/felony-domestic-violence/south-carolina-rape-law/
I quoted to you from the South Carolina statutes. They are authoritative. A spouse that uses forces can be prosecuted under the Spousal sexual battery section as a class three felony. Any person that uses a drug to render a person incapacitated and then commits the specified sexual acts can be prosecuted under the Criminal sexual conduct first degree section. It is quite clear.

Think for a minute. You are arguing that there are states that have decriminalized rape based on matrimony. That is ludicrous on its face. What citizenry would allow that? None is the answer.

Case closed.
 

Gallowglass

Member
I quoted to you from the South Carolina statutes. They are authoritative. A spouse that uses forces can be prosecuted under the Spousal sexual battery section as a class three felony. Any person that uses a drug to render a person incapacitated and then commits the specified sexual acts can be prosecuted under the Criminal sexual conduct first degree section. It is quite clear.

Think for a minute. You are arguing that there are states that have decriminalized rape based on matrimony. That is ludicrous on its face. What citizenry would allow that? None is the answer.

Case closed.

Actually, you didn’t. I have quoted the statute that applies to spouses. I have linked the statute, I have offered multiple sources, including a practicing lawyer in South Carolina. Even Wikipedia disagrees with you. You can keep saying it, but it doesn’t make it true.

Yes, there are states where rape in matrimony is semi-legal. If you need it in simpler words, Wikipedia even has a page. It is horrible. It should be changed, which is why Ohio changes it in 2015.

https://en.m.wikipedia.org/wiki/Marital_rape_(United_States_law)

Check the section on current state law.

A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature, by one spouse against the other spouse if they are living together, constitutes the felony of spousal sexual battery and, upon conviction, a person must be imprisoned not more than ten years.
 
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