State contexts and the criminalization of marital rape across the United States |
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| Institution: | 1. Iowa Consortium for Substance Abuse Research and Evaluation, 100 MTP4, University of Iowa, Iowa City, IA 52245-5000, USA;2. Department of Psychological and Quantitative Foundations, Counseling Psychology Program, College of Education, University of Iowa, 361 Lindquist Center, Iowa City, IA 52242, USA;3. Instituto de Cálculo, Facultad de Ciencias Exactas y Naturales, Universidad de Buenos Aires – CONICET, Int. Güiraldes 2160, 1428 Buenos Aires, Argentina;4. Department of Psychiatry, Carver College of Medicine, University of Iowa, 451 Newton Road 200 Medicine Administration Building, Iowa City, IA 52242, USA;5. Department of Biostatistics, College of Public Health, University of Iowa, 145 N. Riverside Drive 100 CPHB, Iowa City, IA 52242, USA;1. WestCare Foundation, 1100 Cermak Road, Suite B414, Chicago, IL 60608, United States;2. Research and Evaluation Center, Illinois Criminal Justice Information Authority, 300 West Adams Street, Suite 200, Chicago, IL 60606, United States;3. College of Arts and Sciences, Loyola University Chicago, 1032 West Sheridan Road, Sullivan Center, Room 230, Chicago, IL 60660, United States |
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| Abstract: | Spousal exemptions from rape prosecution persist in many US states’ criminal codes thereby compromising women’s rights to bodily self-control and personhood. Power resources theory—which emphasizes that given limited resources, groups act strategically to achieve goals—and gender stratification perspectives guided an event history analysis of the likelihood of marital rape criminalization in US states between 1978 and 2007. Findings suggest criminalization is influenced by the expected marginal benefit of law reform, women’s relative socioeconomic resources, and racial heterogeneity. This research highlights the importance of considering how existing laws, group resources, and intersecting social cleavages influence the expansion of women’s rights. |
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| Keywords: | Marital rape Law reform Power resources Gender Race |
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