The Mercury News Weekend

Rape is rape, whether a stranger or a spouse

- Mary-Shannon Keen lives in Mountain View. She wrote this for the Mercury News.

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.

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