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People v. Liberta

New York Court of Appeals, 1984

64 N.Y.2d 152, 474 N.E.2d 567

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Brief Fact Summary

Defendant had forced sexual intercourse with his wife while they were separated and after the wife had obtained a protection order from the court that required the defendant to move out of and remain away from the family home. The defendant raised the marital exception as a defense for rape.

Rule of Law and Holding

The court held that the marital exception did not apply because the defendant was under a court order to stay away from the plaintiff and the family home. Further, the court abolished the marital exception to rape.