Citation. 64 N.Y.2d 152,474 N.E.2d 567, 485 N.Y.S.2d 207,1984 N.Y.
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Brief Fact Summary.
Defendant was charged with rape and sodomy in the first degree. Victim was his wife that he was separated from per court order. State statute excluded from the definition of rape, intercourse between husband and wife.
Synopsis of Rule of Law.
The marital exception to rape has no current justification and is eliminated.
Defendant and Victim were married by living apart pursuant to a court order. Victim testified that Defendant raped her in the presence of their 2