Gender and the Law

Mahoney, Martha R. Legal images of battered women : redefining the issue of separation. 90 Mich. L. Rev. 1 (1991-1992).

Maguigan, Holly. Battered women and self-defense : myths and misconceptions in current reform proposals. 140 U. Pa. L. Rev. 379 (1991-1992).

Dutton, Mary Ann. Understanding women's responses to domestic violence : a redefinition of battered woman syndrome. 21 Hofstra L. Rev. 1191 (1992-1993).

Faigman, David L. Battered woman syndrome and self-defense : a legal and empirical dissent. 72 Va. L. Rev. 619 (1986).

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.

Held that prosecutor's good faith failure to include spousal rape charge in original indictment for aggravated rape did not preclude application of mandatory joinder rule.

Defendant's previous violations of restraining order could be used to corroborate wife's allegations under statute that permits spousal rape prosecution to proceed when offense is reported over one year after its occurrence if victim's allegation is corroborated by independent evidence that would otherwise be admissible.

Prepared at the request of the California Attorney General Bill Lockyer and the Health and Human Services Secretary Grantland Johnson.