Domestic Violence and Marital Rape
Many years ago, people in Provo who committed violence in the home were not prosecuted. The law viewed fights or arguments between spouses as a domestic affair that the state should not get involved in. Historically, women were considered the property of their husbands so husbands were essentially allowed to assault her their wives. There was also no such thing as marital rape because rape was only defined as a man who has sex with a woman, not his wife, against her will. Crimes prohibiting domestic violence and marital rape did not exist.
Fortunately, society’s norms and values have progressed in a way to give women rights separate from their husbands. It is no longer acceptable to view women as the property of their husbands. Because women are on a equal footing legally with men, however, they can and are also charged with domestic violence. Domestic violence is not gender exclusive. Marital rape is also gender neutral. A man or a woman can be charged with marital rape meaning a Provo criminal defense lawyer often has to defend both sexes.
Sodomy Law Unconstitutional in Provo
Its interesting that in the past domestic violence and marital rape were essentially legal because they happened in the home and were considered private affairs, but an equally private act, sodomy was illegal up until a few years ago. It seems odd that consensual sodomy would be illegal but beating a spouse or raping a spouse was not.
Technically in Provo, sodomy is still illegal. The Utah State Code says that sodomy is a class B misdemeanor and the prohibition is for everyone, including married couples. A few years ago, however, the U.S. Supreme Court ruled in Lawrence v. Texas that a state could not prohibit sodomy. Sexual expressions are a fundamental privacy right protected by the constitution, so even though there is a sodomy law on the books still, the law is unconstitutional and cannot be enforced against individuals. A Provo criminal defense lawyer can help anyone with a question relating to any sex crime such as sodomy.
Utah Law Evolving
The law in the past century has evolved in a beneficial way to give people more freedom (outlawing sodomy laws) and to protect others from harm (outlawing domestic violence and marital rape).
If you have been charge with any crime, including domestic violence or marital rape, call a Provo Criminal Defense lawyer today. A Provo Criminal Defense lawyer will protect your rights and work with the prosecutor to reach an agreeable settlement. Call 801.800.8246 to speak with a lawyer today.
