Under current law, a person may not be prosecuted for rape in the first degree, rape in the second degree, sexual offense in the third degree, or sexual offense in the fourth degree if the victim is the person’s legal spouse at the time of the alleged rape or sexual offense. This exemption from prosecution does not apply under certain circumstances, including if force or threat of force is used and the act is without consent, or if the parties are living separate and apart under a separation agreement or decree of limited divorce. Senate Bill 129/House Bill 4 (both passed) repeal the exemption from prosecution in its entirety.

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