a. The Georgia statute says: A person commits the offense of rape when he has carnal knowledge

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a. The Georgia statute says: “A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will.” OCGA

§ 16–6–1. The court in Warren suggests that there might be an argument that the statute excludes husbands if the word “unlawful” appeared in the statute. What is this argument? Assume the statute read, “A person commits the offense of rape when he has unlawful carnal knowledge of a female forcibly and against her will.”

b. Under what circumstances, if any, can a husband be guilty of raping his wife in your state?

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Null Family Law Cases And Materials

ISBN: 9781599415741

5th Edition

Authors: Judith Areen , Milton C Regan

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