warren v state
TRANSCRIPT
The plain reading of the statute indicates that there isNOMARITAL EXCLUSION.
Rape is committed "when he has carnal knowledge of a female forcibly and against
her will".
Issue 2:
NO. There can be no common law marital exemption under the aggravated
sodomy statute based on "implied consent".
Sodomy is defined as "the carnal knowledge and connection against the order of
nature by man with a man, or in the same unnatural manner with woman".
How Rape and Sodomy are different:
Consent can be raised as a defense in rape, but not in sodomy. By saying
that the victim consented, there can be no rape, but there would be
sodomy. "One who voluntarily particiaptes in an unnatural act of sexual
intercouse with another is also guilty of sodomy. One who does not so
participate is not guilty."
Issue 3:
NO. Due process law requires that the law give sufficient warning that men
may conduct themselves so as to avoid that which is forbidden.
Rape and aggravated sodomy statutes are broadly written and they are plain on
their faces.