People v. Liberta, 474 N.E.2d 567 (1984)
Defendant who, while living apart from his wife pursuant to a family court order of protection, forcibly raped and sodomized her was subject to prosecution for both crimes, since he was statutorily “not married” at time of the offenses and, thus, did not come within the “marital exemption” to rape and sodomy, in that the family court order of protection came within the marital-exemption exception for a court order.