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I think that when you get married you have consented to sex. That's what marriage is all about
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then why can you sue for damages if your spouse is injured and unable to have sex? What about alienation of affection?
[ Reply | Options ]The phrase "consent" is the crucial one here. Being married to someone does not obligate you to have sex with him or her. Not sort of, not in general, not in any way. If you're married to someone who doesn't want to have sex with you, it may be a bad marriage, it may be a sad thing, it may even be legal grounds for divorce. But sex without consent is rape, and marriage does not change that.
[ Reply | Options ]the law does not agree. if you withold "consortium" from your spouse, that's grounds for divorce.
[ Reply | Options ]The law does agree - a husband can be convicted of raping his wife. Refusal to have sex with your spouse can be grounds for divorce, but sex without consent is rape, even within a marriage.
[ Reply | Options ]Looks like you missed the part where I said that choosing to end sexual relations "may even be legal grounds for divorce." But refusing consent on any given occasion isn't grounds for divorce. More importantly, having sex with a spouse who has refused consent is rape. Full stop. Legally, morally, ethically. It's rape.
[ Reply | Options ]it's not a situation where it "may be grounds for divorce." loss of consortium is grounds for divorce and your interpretation that refusal of consent is somehow "more important" than consortium within the marriage contract is only that, your interpretation.
[ Reply | Options ]Two things. First, how many jurisdictions in the US still require "grounds" for divorce? It's my understanding that just about every state lets either party file no-fault these days. So I think you're likely wrong on that element.
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"By late 1983, every state but South Dakota and New York had adopted some form of no-fault divorce (although some forms were not as easy to obtain as that in California).[8] South Dakota finally adopted no-fault divorce in 1985." -- Wikipedia. (I know Wikipedia isn't a great cite, but do you have any cite at all for your 15/35 claim?)
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Second, if a husband approaches his wife for sex a single time, and she refuses, he has no grounds for divorce or any other legal claim against her. So there is no implied consent to sex within marriage in the law. And if he proceeds over her objections, he's guilty --- in every state --- of rape.
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I take care of my dh because I do not want him to regret for one moment that he married me. But I love him sooo much that this is not very hard but I certainly have sex when I am only half in the mood and certainly pretend I am sometimes.
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UrbanBaby Asks...
When I ride in a taxi cab with my DC I:
- Use a carseat
- Buckle him/her in his/her own seat
- Hold him/her on my lap
- I'd never ride in a taxi with my DC, it's much too dangerous!
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