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Marital Rape States 2023


Connecticut has some of the same loopholes that 11 other marital rape states have. This state classifies this crime as a Class B instead of a Class A felony. Persons charged may result in a lesser sentence than someone who is not married to a victim. This state currently makes no provision for cases where a person is drugged. It focuses primarily on cases where overpowering force is used.

The federal government, by the way, does make it clear that all forms of rape are illegal. Technically, marital rape is illegal in all 50 states.


Governor Brad Little would soon receive Bill 1089 as of April 7, 2021. Shortly beforehand, all Idaho House representatives voted to repeal marital rape exceptions. Since 1977, a battle continued to fight against the belief that married people cannot rape one another. Senator Melissa Wintrow mentioned attitudes of men thinking of women as “property.” Times reportedly are changing. This state now advocates that all rape is rape regardless of relationship status.


In this state, marital rape cases don’t seem to hold up in court – if they make it to court at all. Gina Battani is one woman who tries to tell her marital rape story to a judge. She is among many who don’t feel like anyone believes them. Overall, the state does have laws indicating that no one should force sex on another person – ever. Enforcing it seems to be another issue altogether.


This state mostly focuses on marital rape that occurs against a person who is incapacitated. It addresses issues in which a person has violated a spouse that may have been under the influence of drugs. Violating a spouse while that person still feels the effects of an anesthetic also constitutes rape in Michigan. As of 2019, House Bill 4942 included a repeal against making it legal to have sex with an incapacitated spouse.


Until 2019, this state protected rapists who still lived with and had sexual relations with a spouse. That year, Governor Tim Walz signed a bill that put an end to this marital rape exception.


The only time a person in this state can convict another of rape is when force is used. Specifically, it would have to be “forcible penetration against the victim’s will.” This does not include cases in which a person is drugged or under the influence of a controlled substance.


Laws in this marital rape state require that force or threats must take place. If the sexual activity does not involve force, this state doesn’t consider it rape.


This state makes provisions for cases in which a rape involves drugging. It also takes cases based on either actual force or threat of force. Marital rape cases, however, only take the same precedence as non-marital ones if the two people don’t live together.


An overpowering force or violence seems to remain the main premise of Oklahoma rape. Some confusion lies within laws that define rape as non-consensual intercourse with a person who is not a spouse.

Rhode Island

Legislation in this state specifically points to the victim not being a spouse. Apparently, one person married to another can still violate a drugged person.

South Carolina

This state treats marital rape as a “lesser crime” than non-spousal rape. Perpetrators might face 10 less years if married to their partner than if not married to that person.


Perpetrators apparently have the chance to receive counseling. If they do, participating in therapy sessions acts as a replacement to punishments. This reportedly puts victims in danger.

Marital Rape States 2023

Marital Rape States 2023