Marital Rape

Developed by Kansas Coalition Against Sexual and Domestic Violence




Does marriage exempt a spouse from being charged with rape? Does a man or woman have the right to say "no," even to his or her spouse?

Like other sexual assault victims, spouses who have been raped by their partners may have to deal with uninformed friends, family members and others who believe that spousal rape is just a myth. Do you know the answers for the questions listed below?

QUESTIONS:

1. True or False: A man cannot be arrested in Kansas for raping his wife.

2. True or False: Rape within a marriage is not about power and control, like stranger or acquaintance rape.

3. True or False: When a woman is raped by her spouse, it is easier for her to recover emotionally than a woman who is raped by someone she does not know.

ANSWERS:

1. FALSE.
Marital rape is a crime. A man can be arrested and prosecuted in Kansas for nonconsensual sexual intercourse with his wife.

2. FALSE.
Rape is an act of power and control expressed through sexual aggression. This is true even if you are married to him. Rape is a crime committed to dominate, degrade, and humiliate. Rape is forced sexual intercourse with any person who does not give consent. Submitting, when under the threat of force or fear, is not giving consent. Rape is an invasion of a person's physical and psychological well-being.

3. FALSE.
Rape is an act of sexual violence. Being married to the offender does not make it any less frightening. Agreeing to have sex with your spouse one time or being married does not imply consent to sex whenever your partner wants.


"Women raped by a partner are being violated by someone with whom they share their lives, homes, and possibly children. In addition to the violation of their bodies, they are faced with a betrayal of trust and intimacy. Research indicates that marital rape victims are more likely to be raped multiple times when compared with stranger and acquaintance rape victims, and women who experience marital rape suffer long-lasting physical and psychological injuries which are as severe or more severe than stranger rape victims." (From the "Wife Rape Information Page" a project of the Wellesley Centers for Women, Wellesley College, prepared by Patricia Mahoney with the guidance and comments of Laura X, Director of the National Clearinghouse on Marital and Date Rape, and Raquel Bergen and Kersti Yllo, who have authored books on wife rape.)

Kansas Statute, K.S.A. 21-3502, addresses the crime of rape.

(a) Rape is:

(1) Sexual intercourse with a person who does not consent to the sexual intercourse, under any of the following circumstances:

(A) When the victim is overcome by force or fear;
(B) When the victim is unconscious or physically powerless; or
(C) When the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;

(2) Sexual intercourse with a child who is under 14 years of age;
(3) Sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or
(4) Sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.

(b) It shall be a defense to a prosecution of rape under subsection (a)(2) that the child was married to the accused at the time of the offense.

(c) Rape as described in subsection (a)(1) or (2) is a severity level 1, person felony.
Rape as described in subsection (a)(3) or (4) is a severity level 2, person felony.

This means that anyone, including spouses, can be victims of rape. A victim of spousal rape is entitled to the same services and assistance as any other victim of sexual assault.



RESOURCES

For support, call one of the following:

Kansas Crisis Hotline
1-888-END-ABUSE
(1-888-363-2287)

Rape, Abuse, and Incest National Network Hotline
1-800-656-HOPE
(1-800-656-4673)

State of Kansas, Office of the Attorney General

Kansas Attorney General's Crime Victims' Rights Program and Crime Victims' Compensation board has information about victims' assistance programs administered out of the AG's office and application requirements for compensation from the state if you have been the victim of a violent crime.

KANSAS SEXUAL and DOMESTIC VIOLENCE HELPLINE NUMBERS

This table lists the Kansas sexual and domestic violence programs alphabetically by city, services provided, program names and their HOTLINE phone numbers.

CITY SERVICES KCSDV MEMBER PROGRAM CRISIS HOTLINE NUMBER
1. Atchison DV/SA DoVES 800-367-7075 or 913-367-0363
2. Dodge City DV/SA Crisis Center of Dodge City 620-225-6510
3. El Dorado DV/SA Family Life Center of Butler County 316-321-7104 or 800-8870-6967
4. Emporia DV/SA SOS, Inc. 800-825-1295 or 620-342-1870
5. Garden City DV/SA Family Crisis Services 620-275-5911
6. Great Bend DV/SA Family Crisis Center 620-792-1885 or 866-792-1885
7. Hays DV/SA Northwest Kansas Domestic and Sexual Violence Services 800-794-4624 or 785-625-3055
8. Hutchinson DV/SA Sexual Assault/Domestic Violence Center
800-701-3630 or 620-663-2522
9. Iola DV/SA Hope Unlimited 620-365-7566
10. Kansas City, KS DV El Centro, Inc. ¡Si Se Puede! 913-281-1186
11. Kansas City, KS DV Friends of Yates Joyce Williams Center 913-321-0951
12. Kansas City, MO DV/SA KCAVP 816-561-0550
13. Kansas City, MO SA MOCSA 816-531-0233
14. Lawrence SA GaDuGi Safe Center 785-841-2345
15. Lawrence DV Women's Transitional Care Services 800-770-3030 or 785-843-3333
16. Leavenworth DV/SA Alliance Against Family Violence 800-644-1441 or 913-682-9131
17. Liberal DV/SA Liberal Area Rape Crisis and DV Services 620-624-8818
18. Manhattan DV/SA The Crisis Center, Inc. 800-727-2785 or 785-539-2785
19. Mayetta DV/SA Prairie Band Potawatomi Family Violence Prevention Program 785-966-0173
20. Newton DV/SA Harvey County DV/SA Task Force 800-487-0510 or 316-283-0350
21. Overland Park DV/SA Safehome 888-432-9300 or 913-262-2868
22. Pittsburg DV/SA Crisis Resource Center of Southeast Kansas, Inc. 800-794-9148 or 620-231-8251
23. Salina DV/SA Domestic Violence Assoc. of Central Kansas 800-874-1499 or 785-827-5862
24. Topeka DV/SA YWCA Battered Women's Task Force 888-822-2983 or 785-354-7927
25. Ulysses DV/SA DoVES of Grant County 620-356-2608
26. Wichita DV Catholic Charities Harbor House 316-263-6000
27. Wichita DV StepStone 316-265-1611
28. Wichita SA Wichita Area Sexual Assault Center 316-263-3002
29. Wichita DV YWCA Women's Crisis Center 316-267-7233
30. Winfield DV/SA Safe Homes, Inc. 800-794-7672 or 620-221-4357





Funds have been provided through the Federal Preventive Health and Health Services Block Grant awarded to the Kansas Department of Health and Environment and administered by the Kansas Attorney General's Office.

The opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Office of the Kansas Attorney General, the Kansas Department of Health and Environment or the U.S. Department of Health and Human Services.



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