Comments on: Privacy Interests in Extremis http://law.marquette.edu/facultyblog/2008/09/13/privacy-interests-in-extremis/ Sun, 22 Nov 2009 06:27:59 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: sean samis http://law.marquette.edu/facultyblog/2008/09/13/privacy-interests-in-extremis/comment-page-1/#comment-169 sean samis Sat, 13 Sep 2008 22:40:29 +0000 http://law.marquette.edu/facultyblog/?p=496#comment-169 Should the state put the wife's interests in not being subjected to sexual assault in the hands of a person who might have an interest in denying her that protection? Clearly the statute envisions a husband being charged for having sex with his unconscious wife if she complains; does the inability of the wife to complain mean her interest is lost? If the wife recovers and discovers what her husband had been doing; does she have a right to lodge a criminal complaint? Should the state declare the end to the wife's interest in bodily respect in such circumstances? Should the state put the wife’s interests in not being subjected to sexual assault in the hands of a person who might have an interest in denying her that protection?

Clearly the statute envisions a husband being charged for having sex with his unconscious wife if she complains; does the inability of the wife to complain mean her interest is lost? If the wife recovers and discovers what her husband had been doing; does she have a right to lodge a criminal complaint?

Should the state declare the end to the wife’s interest in bodily respect in such circumstances?

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