Governor of West Virginia signs law abolishing marital assault exemption

West Virginia is set to criminalize certain sexual assaults against spouses, following legislation signed by Republican Governor Jim Justice. The law will effectively remove marriage as a defense for first- and third-degree sexual assault charges.

Until 1976, West Virginia law did not allow for a married person to be charged with rape against their spouse. The law was changed under the influence of then-Republican Senator Judith Herndon, the only woman in the legislature at the time.

The new legislation is credited to GOP Senator Ryan Weld of Brooke County. The West Virginia code recognizes two crimes of sexual violence; penetrative rape and the forcible touching of another person’s sexual organs, anus, breasts or buttocks.

Historically, a martial exemption provided protection from conviction for an individual who committed the latter crime against their spouse, including instances where the couple was legally separated. Consequently, such cases of sexual abuse could not result in charges being pressed.

However, Governor Justice’s signature on the new legislation signals a change in this legal outlook. The law now upholds that marital status cannot serve as a defense in cases of sexual assault, effectively strengthening the legal protection offered to victims in the state.