California Governor
Gavin Newsom in 2021 signed a bill into law that largely closed the state's loophole, though critics noted the text still carved out one exception.
"This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the two people are married," the bill reads.
Michigan Governor
Gretchen Whitmer in 2023 similarly signed into law a bill that ended the loophole. However, it left two exemptions, preventing a person from being charged with criminal sexual conduct because their spouse is younger than 16 or has a mental illness, according to
The Detroit News.
Michigan Representative Laurie Pohutsky, who introduced the first bill, told the publication at the time there was pending legislation on the former exemption, and that the later needed to be redefined.
Idaho does not allow individuals to be convicted of rape against their spouse unless the victim resists but is overcome by force or violence; is prevented from resistance by the infliction of bodily harm or a reasonable belief that resistance would be utile; or engages in sexual intercourse under the belief their spouse would cause physical harm or damages in the future if they do not.
Several other states, such as Mississippi, Nevada and Oklahoma have similar statutes requiring a use of force. South Carolina mandates the use of aggravated force or a weapon for charges, and the victim must report the crime within 30 days.
In Virginia, a spouse may avoid criminal charges if they complete counseling or therapy.
Some states have ended these loopholes in recent years. In Rhode Island, Governor Dan McKee signed a bill repealing some exemptions in July 2021. Meanwhile, Maryland's loophole ended in 2023.