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Bid to remove archaic, misogynistic language from state’s rape, sexual battery laws dies without a vote

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Bid to remove archaic, misogynistic language from state’s rape, sexual battery laws dies without a vote

Mississippi’s rape and sexual battery statutes still contain language right out of the 1800s โ€” about “ravishing” a “female previously of chaste character” โ€” and still a spousal defense that can protect those who commit marital rape.

House Bill 1080 would have changed that and brought Mississippi’s laws into the 21st century. But it died without a vote on Tuesday’s deadline for the Senate to pass it out of committee.

“There are a handful of states that still have a spousal defense on the books, even though basically it’s illegal to rape anyone,” said Rep. Dana McLean, R-Columbus, author of the bill. “… It’s a shame that sometimes in Mississippi, we seem to be the last state in the Union to actually make something right.”

The bill would have clarified the definition and elements of rape and sexual assault, replacing passages such as “assault with the intent to forcibly ravish a female of previously chaste character.”

The bill passed the House by a vote of 119-1, with only Rep. Omeria Scott, D-Laurel, against it. But McLean said, “I got word that the leadership over in the Senate had a problem with removing the spousal defense for rape. It’s disheartening, very disheartening.”

Senate Judiciary B Chairman Joey Fillingane said he agreed with the bill’s intent โ€” he even authored a similar one โ€” but he said there were numerous bills in both chambers this aimed at changing rape and assault laws.

“Any time there’s that many, that means it’s probably time to have hearings out of session and make some sweeping changes instead of with nine different bills,” Fillingane said. As for opposition to removing the spousal defense, Fillingane said, “That might have been a concern of some people, but that was not the overarching concern … I think people believe this is archaic language that doesn’t fit with 2022, and I agree with that.”

Fillingane said Mississippi’s legal code in general probably still has a lot of antiquated language that should be and rewritten.

READ MORE: Mississippi divorce laws are irrevocably broken. This Senate bill would help

The bill that died Tuesday would have deleted language in the law that said a person would not be guilty of rape or sexual battery if the alleged victim was the defendant’s legal spouse at the time of the offense and the couple is not separated and living apart. It would also change law that said a legal spouse may be found guilty of sexual battery if the spouse engaged in forcible penetration without the consent of the alleged victim.

“What about if a spouse was passed out, or drunk or on ?” McLean said. “Should that be OK, because she was not fighting him, or because she passed out?”

McLean said there were references to “a female” in the law that her bill changed to say person, “because men can be raped, too.” She said it also removed language such as, “It shall be presumed that the female was previously of chaste character and the burden of proof is on a defendant to prove she was not of chaste character.”

Although since the early 1990s every state recognizes marital rape as a , some including Mississippi still have laws on the books that either provide protection for the perpetrator or lesser penalties.

McLean said she believes a lot of prosecutors use the state’s sexual battery laws instead of the rape statute with harsher penalties because the latter’s language is so antiquated.

Another effort to bring Mississippi’s laws into the 21st century died โ€” also without a vote โ€” on Tuesday’s deadline. Senate Bill 2643 would have added an โ€œirrevocably brokenโ€ marriage as grounds for a divorce.

This measure, authored by Sen. Brice Wiggins, was the latest in a long-running, usually unsuccessful effort to the state’s antiquated, misogynistic divorce laws that often trap spouses and in bad, sometimes abusive and dangerous situations.

Mississippi and South Dakota remain the only two states without a unilateral no-fault divorce ground. Mississippi’s divorce ground of โ€œirreconcilable differencesโ€ requires mutual consent of spouses. This frequently makes getting a divorce in Mississippi difficult and expensive, and it often allows one spouse to delay a divorce for years, sometimes many years.

The bill passed the full Senate, but died in the House Judiciary A committee without a vote.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi News

Mississippi sees 5th largest increase in fatal crashes: study

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www.wjtv.com – Garret Grove – 2024-11-02 12:25:00

SUMMARY: A recent study highlights a troubling rise in road fatalities in Mississippi, with a nearly 31% increase in fatal accidents from 2012 to 2021, ranking it fifth highest in the country. The reported a spike during the 2024 Labor Day , responding to seven fatal crashes resulting in 15 deaths, to only three crashes and six deaths in 2021. Additionally, a 2023 showed Mississippi had the highest per capita fatal crashes during the Christmas period. Young drivers are particularly affected, as Mississippi ranks fifth for teenage driving fatalities nationwide.

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Vicksburg man charged with assaulting woman in domestic dispute

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www.wjtv.com – Kaitlin Howell – 2024-11-02 11:33:00

SUMMARY: In Vicksburg, Mississippi, a domestic assault led to the hospitalization of a man and woman on November 2. were alerted by Merit Region after a 28-year-old man, Daron Evans, arrived with a stab wound. Authorities dispatched to the scene found the woman, who had also been assaulted. After receiving treatment, Evans was and charged with aggravated assault domestic violence; he is held without bond until his court appearance. The woman is in stable at the . An investigation is ongoing.

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Cloudy and humid weekend – Home – WCBI TV

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www.wcbi.com – Sadie Morris – 2024-11-02 10:13:00

SUMMARY: In Columbus, Mississippi, humid and cloudy weather is expected, with temperatures remaining above average in the lower 80s for the upcoming . Rain is forecasted for Election Day on Tuesday, continuing into the week with isolated showers likely. This Saturday will see patchy fog in the morning, clearing by midday, with a high around 80 degrees. Sunday will bring similar humidity, with a high in the lower 80s and mild overnight lows in the mid-60s. Throughout the week, expect persistent clouds and humidity alongside mild temperatures.

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