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

Rep. Zack Stephenson describes provisions of HF15 which would, in part, repeal the “marital exception” for certain criminal sexual conduct offenses. Photo by Paul Battaglia
Rep. Zack Stephenson describes provisions of HF15 which would, in part, repeal the “marital exception” for certain criminal sexual conduct offenses. Photo by Paul Battaglia

A House vote could help prosecutors bring rape and other criminal sexual assault charges against a spouse.

By a vote of 130-0, the House on Thursday passed HF15, which would eliminate the “marital exception” in state law. It now heads to the Senate where Sen. Karla Bigham (DFL-Cottage Grove) is the sponsor.

Current 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.”

[WATCH House Floor debate on the bill]

Rep. Zack Stephenson (DFL-Coon Rapids), the House sponsor, said that a study by the Minnesota Sentencing Guidelines Commission determined that removing the marital exception from state statutes would result in an additional seven convictions each year.

“That is seven people who are not getting the justice they are due because of this law,” he 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.

“With your ‘yes’ vote today, you can help us send Minnesota’s marital rape exception where it belongs, to the ash bin of history,” he said.


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