People v. Liberta
Court of Appeals of New York
474 N.E.2d 567 (1984)
Relevant factsFree
While subject to a protective order requiring him to stay away from his wife, Liberta forcibly raped and sodomized her during a supervised visit after the third-party chaperone left, and he challenged his resulting rape and sodomy conviction by invoking the marital exemption to the statutes and separately arguing the rape statute's restriction of first-degree rape liability to men violated equal protection.
IssueFree
Whether state rape and sodomy statutes are constitutional where they exempt interspousal rape or sodomy from liability or where they do not apply equally to men and women.