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Criminal Law Keyed to Kadish
People v. Liberta
Citation:
64 N.Y.2d 152, 474 N.E.2d 567 (1984)Facts
Mario and Denise Liberta were married in 1978. After Mario began beating Denise, she obtained a temporary order of protection in April 1980 requiring him to move out and stay away from her, with limited visitation rights to their son. In March 1981, Mario took Denise and their son to his motel room under false pretenses. Once alone with them, he attacked Denise, threatened to kill her, and forced her to perform sexual acts while their son watched. After the assault, Denise sought medical treatment and reported the incident to police. Mario was indicted for rape and sodomy in the first degree. At the time, New York law exempted husbands from prosecution for raping their wives unless they were living apart under certain conditions. The law also defined rape as a crime that could only be committed by males against females.
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