Motion to remove ‘marriage defense’ in sexual abuse cases adopted in committee

CHARLESTON, W.Va. (WSAZ) - A West Virginia Senate Judiciary Committee on Thursday evening approved a motion to the full Senate that would remove marriage as a defense to sexual abuse against a spouse.

Some committee members argued that the “marriage defense” is an outdated remnant from a time when women had limited rights.

Arguments from some members against the motion were that consent was not defined clearly enough and that removing the marriage defense could lead to an abuse of the law against via false accusations.

“We are absolutely violating the 14th Amendment rights of a married woman ... of a married man. Because they are not afforded equal protection of the law because the law in West Virginia right now says that they cannot be sexually abused by their spouse,” said Sen. Ryan Weld, D-Brooke.

The motion was accepted 13-4 and heads to the Senate with recommendation to pass from the committee.