House panel OKs bill to eliminate ‘marital exception’ in sexual misconduct cases

An Andover woman who was drugged and raped by her then-husband did not see her perpetrator charged for those crimes even though he had videotaped his acts.

In emotional testimony to the House Public Safety and Criminal Justice Reform Finance and Policy Division Tuesday, Jenny Heger spoke of how the case against her now ex-husband could not go forward because of a “marital exception” in Minnesota law.

That law prevents prosecution for certain criminal sexual misconduct offenses by people “cohabiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor’s legal spouse.”

Heger testified in support of HF15, a bill that would eliminate the marital exception and allow rape and other criminal sexual assault charges to be brought against a spouse.

Rep. Zack Stephenson

Sponsored by Rep. Zack Stephenson (DFL-Coon Rapids), the bill was sent to the House Ways and Means Committee with a recommendation that it be re-referred to the House Judiciary Finance and Civil Law Division.

Heger said that when she heard from an Anoka County prosecutor that the felony third-degree criminal sexual assault charges against her husband were dropped, she was devastated and scared — and felt victimized for a second time.

Heger said she was somewhat relieved that her attacker was charged with fifth-degree criminal sexual conduct and invasion of privacy, and was convicted on the invasion of privacy charge. However, she remains upset because a felony conviction would have required him to register as a sex offender.

“What he did to me was sexual assault, yet nothing shows on his record of the crimes he committed against me,” Heger said.

Stephenson said current law is a holdover from 17th century English Common Law that regarded wives as the property of their husbands, and who therefore had to submit completely to them.

Stephenson said that such attitudes are abhorrent today, should no longer be tolerated, and eliminating this harmful language is long overdue.

“I think it’s time for our laws to match our ethics,” he said.

An identical bill was introduced in the House during the last session, but failed to become law. At that time, a fiscal note prepared for the bill concluded that striking the marital exception language from Minnesota Statutes would result in seven additional convictions statewide each year.

“This existing language is preventing justice for at least seven people a year,” Stephenson said.

The companion, SF235, is sponsored by Sen. Karla Bigham (DFL-Cottage Grove), and awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.