General Discussion
In reply to the discussion: Andrea Dworkin NEVER said "all sex is rape" [View all]KitSileya
(4,035 posts)You are quite right, if there isn't two options, there is no choice, and therefore there is no consent to one or the other. So in North Carolina, up until 1993, wives could not give meaningful consent. That was the last place in the US where marital rape was made illegal.
However, there are still laws in place in some parts of the country that legalizes rape of unmarried women. In California, only if you are married are you legally raped if a man pretends to be your husband and tricks you into having "sex" with him with you believing him to be your husband. If you are unmarried, and he pretends to be your boyfriend in a dark room while you are sleepy and intoxicated...it is not rape. In other words, the crime is not the rape, but the violation of another man's property, and an unmarried woman isn't any man's property and can therefore be raped at will in these situations.
Disgusting, isn't it?