Review: Responsibilities Within Marriage I. Support of Spouses – Two Options A) Common Law Duty of Support: Obligation historically running from husband to wife/ Modern: gender neutral

B)Doctrine of Necessaries - Gives 3 rd parties cause of action against spouse for food, clothing, shelter and medical expenses - Not in effect in every state - Prior to 1970s – obligation ran only to husband for wife’s debts - Beginning in 1970s – many gender-based challenges; states either abolished or made gender-neutral; MD 1981-abolished

General Rule Against Interfering With Financial Arrangements of Parties in Intact Marriage 1)Constitutional: Privacy/Family Autonomy No State Interference Unless Harm 2)Public Policy: Non Interference a) Families Flourish When Left Alone b) Traditional Values – Husband’s authority c) Practical Concern: Unlimited caseload Enforcement challenge

FAMILY VIOLENCE: Obligation to Refrain from Abusing (Physical/Sexual/Threats) Members of Family (Spouses, Intimate Partners, and Children)

FREQUENCY: Each year in America, more women abused by husbands than get married 2-4 million women beaten by intimate partner ~married, dating, cohabitating women, divorcing or separating women Women 6 times more likely to be beaten by husband than by stranger 3 out of 4 women killed in U.S., murdered by current or former husbands or boyfriends

Historically: Right of Privacy and Family Autonomy/ Justified Non- Intervention (“Rule of Thumb”) Change: Beginning in 1960’s, women’s movement in U.S. and internationally increased public and legal awareness

Protections CRIMINAL: State Misdemeanors & Felonies Marital Rape Mandatory Arrest Pro Prosecution Policies Domestic Violence Courts Battered Women Syndrome (Self Defense or Reduction of Charges) Federal Violence Against Women Act (VAWA I & II)

PROTECTIONS – cont’d CIVIL: Civil Protection Orders: Emergency Orders Available in Every State Divorce: Abuse Ground Child Custody/Visitation: Abuse of Mother or Children Factor

MARITAL RAPE Maryland – until 1976 – marital rape was not a crime 1976 – Only exception is where couple is legally separated pursuant to limited divorce 1989: current law enacted – with broader exceptions Marital Rape is a crime if: 1)Living separate and apart pursuant to a decree of limited divorce, or 2)Live separate and apart pursuant to a separation agreement or for at least six months, or 3)If force is used in commission of offense

MARITAL RAPE Arguments Against Prosecution 1)Doctrine of Implied Consent 2)Preserve Family/Marital Privacy – promote harmony within marriage 3)Difficulty of Proof/Fabricated Complaints

Arguments in Favor of Prosecution 1)Implied consent based on long rejected theories of women’s loss of legal status within marriage 2)Right of Privacy only protects consensual acts/not applicable where one spouse harmed 3)Difficulty of Proof – same in marital and stranger rapes

Current State of Law 1)24 states have abolished any form of exemption 2)13 states give some exemption 3)Balance - silent

Evidentiary Consequences of Marriage Maryland Rule: 1)Broad prohibition on confidential communications 2)Criminal cases: witness/spouse has privilege unless a) Child abuse b) Domestic violence and invoked privilege once before Spousal Disqualification/Privilege Rationale?