Man sentenced to 8 years suspended for raping wife - first sucessful spousal rape prosecution in Nashville area since new law

A 24 year old Argentina native was sentenced to an 8 years suspended prison sentence and probation for raping his wife, the first time that Tennessee’s 2005 spousal rape law led to a conviction in Davidson County, which includes Nashville. The sentence came after a plea agreement approved by Judge Monte Watkins in Davidson County Criminal Court, which also included sex offender registration and lifetime supervision. There will be 8 years prison if the offender violates his probation, which is unlikely because he has overstayed his visa, is in police custody, and will probably be deported.

The sexual attack by the perpetrator on his victim, the woman he had been married to for 5 years, and had 2 kids with, occurred September 15, 2007. After the woman told her husband that she didn’t want sex, he raped her. The next morning, she called the police and had a rape exam done at Nashville General Hospital. DNA evidence was taken, and in a monitored phone call, her perpetrator husband "admitted he forced himself on her even after she had told him no."

Metro Det. Robert Carrigan stated that he worked the case the same as a stranger rape, and that legislators knew what they were doing in passing this law.

"We worked the case exactly like any other rape case and not a lick different," said Metro Det. Robert Carrigan, of the sex crimes unit. Because of the nature of it, these cases are a lot harder when there's no force but some coercion and fear. A husband has no right to force sex. And the wife has the right to say, 'No.' Period. They have to protect themselves and they need to report it.''

The police report stated that the "victim told her husband that she would not have sex with him. He told her he would do it anyway even if she did not want to."

The crime of spousal rape did not exist in Tennessee until 1998.

Forcible sexual contact in a marriage was not punishable in Tennessee prior to 1998. But that year, legislators changed the laws for the first time. They created a spousal exemption, meaning a spouse could be charged with rape if a weapon was used or if the attack caused serious bodily injury or if the couple was separated or divorcing while living apart.

In 2005, legislators changed the law again. The passage of the law eliminated the spousal exemption. It made the rape of a spouse as serious as the rape of a stranger.

The victim praised the new law for giving her justice that she deserved.

"This law is important. When you are intimidated, sexually, and forced to do it, it's not fair. It's not just. You are not a possession. It has to be mutual."

Senior Assistant District Attorney General Roger Moore stated that the case was unusual because the victim and perpetrator were still married and living together at the time of the rape and prosecution.

"You can't tell how the pendulum is swinging with one case. It's a unique case. I wonder what a jury's attitude would be toward marriage. It's very interesting to see how these sexual laws evolve."

For advocates who supported passage of the spousal rape law, this case illustrates why the law was necessary.

"This is exactly what we were trying to accomplish," said Kathy Walsh, executive director of the Tennessee Coalition Against Domestic and Sexual Violence.

"Well rape trauma is the same whether the rapist is a stranger or whether the rapist is someone you know. To be forced to have sex is very traumatizing."

"I think it's going to be a relief to a lot of married women who experience rape as a part of their abusive relationship to see that rapists can be held accountable through the courts."

The man's defense attorney Paul Walwyn worries that the rape law may be used for revenge by angry spouses, the same way restraining orders are sometimes abused.

"It's scary because, just like an order of protection, the law is straight-forward," Walwyn said. "Someone could make a claim and there may be evidence, like in this case it's semen. From a defense standpoint, that's hard to refute.''

There's always a possibility of a law getting distorted, but it doesn't mean it will happen in this case, Nashville public defender Ross Alderman said.

"Clearly, any criminal statute can be abused by players in the system," Alderman said. "It's easy to accuse in a moment of anger. In a sense, it's just another tool in the pouch for prosecutors on domestic violence. It's good or bad depending how it's used."

The victim said that the abuse started years ago, but she forgave her husband because she was “in love” with him. After the verdict was read, the victim ran into a bathroom, crying.

No, the victim was not in love. She believed she was in love with her husband. There was never a real relationship, just extensive grooming and perpetration on his side. The same tactics that the sexually assaultive teacher uses with their teenage student, or the therapist uses with the patient he seduced, a sexually abusive “partner” uses.

When a husband rapes a wife, a position of trust has been violated, no different from teacher/student, or therapist/patient sex. An abuser who disguises themselves as a partner creates a position of authority to exercise power and control, in contrast with the professional sexual abuser.

Prison sentencing needs to be handed down. The rape of a wife is at least as devastating as rape by other authority figures. Kristi Dance Oakes, an East TN woman who was sentenced to 6 months in jail and 3 years probation for having oral sex with a 16 year old boy, spent more time in jail after sentencing than this “man”. Heather Thornsby got 3 years for having sex with a 17 year old girl. 2 years in prison is in order - in all 3 cases someone's child was sexually victimized.