John Marshall, Spousal Rape, Virginia discussed on The First Degree

The First Degree
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So laurine was charged with militias wounding immediately but once. Lorena side of the story leaked to the press. Women's group made themselves heard. They were outraged that John Wasn't facing charges rightfully so but charging John had some difficult implications. And here's why so at the time in Virginia and about fifty percent of the other states. In America there were pretty archaic laws as far as Spousal rape is concerned in Virginia. If you were to be convicted of spousal rape you'd be facing a possible life. Sentence and qualifying for these charges was really difficult. In order for the charges to apply the two spouses would need to be separated. When the sexual assault occurred and another contingency was the assault would have needed to result in permanent bodily damage. So if you break this down and meant that even if the couple is separated and the husband raped his wife if he managed to do it without permanently naming her he wouldn't qualify for this charge at all so instead John was charged with marital sexual abuse which carried a possible. Twenty year sentence instead of the Max of life that applied in the spousal rape charges. John and Lorena. We're going to have separate trials and the questions that were asked in each this. Is He a habitual batterer? Who forced a young woman over the edge or was she this calculated hot blooded Latina? Who wanted to hurt her husband when he threatened to leave her and just fabricated this rape to justify it in a lot of people man mostly feel very compassionate just for then made her own. The case You know he lost his Male or so absolutely. The country was divided into two women were supported of me and especially you know advocates and activists feminist groups etc Inches Women Gentlemen in general In men were with him so I was the one who basically was the gains man or there were portraying me that weight so that was a gender inequality basically and still I think that You know we still even a patriarchal society. John's trial commenced in November of nineteen ninety-three in the court determined that his case had a quote unquote sexual component. So this meant that the news networks needed permission to film and air the trial national TV from the defense and from John and of course. John's defense declined so John's whole thing was he wanted his dignity intact. He didn't feel he should have to testify in front of the world things like that. They did not know how to charge Tam basically so they ended up charging ham for a marital rape but They do not charge him with domestic violence and Know he's Trial less three days and Might try lasted twelve days so I was unfortunately that we couldn't even talk about domestic violence on his trial during the proceedings. The jury was instructed to consider the night in question in they could only also consider what went on in John and Lorraine is relationship within the five days prior to the incident which is very restricting. If you're trying to prove a pattern of abuse in fact it basically sabotages her defense entirely in. This was because of the laws in Virginia. At the time which should not look favorably upon sexual assault victims prosecutors grill arena about these five days on the stand in one instance. Lorena testified that John Marshall to have sex one day but then stated that she consented to sex the following so the prosecutor essentially mocked and berated. Her in a tone that suggested she was lying. How could a woman consent one day and be raped the next while laurynas responses? Sometimes she just gave in and said yes because he was just going to do it anyway and like we know sexual assaults and abuse with a marriage is not so black and white is just not you can love your husband one day and he can hurt you the next and that's not a woman's fault you know more. Ns situation where. She's obviously scared of her partner. I mean her saying yes and giving in those times doesn't mean like she's scared and she's being forced into it some of those times as well so it's just it is very gray and it's hard to prove either way of course domestic abuse victims feel. They're always hoping that their their partner will go back to the person. They met outlines exactly so if if their husband occasionally shows like glimpse of love or shows a glimpse of how wasn't the beginning a woman will get excited and cling to that like maybe things are changing now so of course it makes sense. She can consent one day and not the next. It's just a ridiculous thing to presser on. It is a crazy world that we live in and it seems like overnight. Technology has just exploded. Everything is being done online meetings school. You name it. They're doing it but unfortunately one thing has stayed the same in that is coloring your hair so you only have a couple options really. You can go to a traditional salon and spend lots of time and money or grab a box of hair-color from a drugstore which always dries her hair out and makes it break off or you could do the new way. Madison read it. Took a very very strong independent thinking woman to shake up the hair coloring world in Amy Eric Digest that with Madison. Reed the company. 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