Rape is rape, whether a stranger or a spouse
By Mary-Shannon Keen
My ex-husband and Brock Turner are both incarcerated in a Santa Clara County jail for sexually violating an unconscious victim. Each was sentenced to the same amount of time for the felony crime he committed.
While I was unconscious due to a medical condition that affects my blood pressure and causes me to pass out, the person I entrusted with my safety and well-being raped me. California law defines this felony crime as “nonforcible rape” rather than “forcible rape,” not wholly due to the act itself, but because of the relationship between me and my rapist: He was my husband at the time.
While Turner’s felony convictions do not include rape, his case focused attention on how our justice system understands and addresses sexual assault. As the public groundswell of activism continues around consent and accountability, we must also fix the laws that regard spousal rape differently than nonspousal rape. “Rape Means Rape” posters at college graduation ceremonies, the awareness-building Academy Awards presentation and media distribution of the victim impact statement in Brock Turner’s case are just a few indications of the public’s stance on how seriously rape must be taken in our society, and the offensive distinction of “forcible” versus “nonforcible” rape only serves to minimize the severity of this act. Isn’t it time that all rape laws reflect our values?
By its very definition, rape is a nonconsensual act. No matter what the law says, I was forced into a situation without my con- sent. After my rape, like many victims, I experienced depression, anxiety, disassociation and nightmares. These symptoms were not lessened by the fact that it was my husband who raped me.
My ex-husband was charged with violating Penal Code section 262(a)(3), Spousal Rape of a Victim Unconscious of the Nature of the Act (the most appropriate charge given the facts of the case). If I had been anyone else, he would have been charged with rape under a different section of the penal code that carries the potential for greater legal consequences at sentencing. For instance, both Brock Turner and my exhusband are sex offenders; my ex-husband, however, because he did not commit “forcible” spousal rape under Penal Code section 262(a)(1), is not required to register as a sex offender.
We fought for decades, especially in California, for legal recognition of marriage equality. Marriage represents not only societal acceptance but also real legal protections for families. The message that the spousal rape law sends is that violation of one’s unconscious spouse is not as reprehensible. These are not the protective rights of marriage that members and allies of the LGBTQ community fought for, nor is “nonforcible rape” a concept or distinction that will benefit our children as we send them into the world to make independent choices.
Recently, bills were introduced in Sacramento that seek to broaden the current legal definition of rape and to change certain mandatory rape sentenc- ing requirements, and I applaud these efforts. How will these improve or further highlight the inequities in spousal rape law, though?
By treating particular rapists differently under the law, we also convey to particular victims that their assault was less serious. This has broad implications but can be remedied legislatively. When we consider which candidates deserve our vote and which organizations should receive our financial and volunteer support, let us take these opportunities to strive for a justice system that reflects our desire for equity within our sexual assault laws: laws that hold offenders accountable and protect victims.