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In practice, though, the so-called “marital exemption” has been outlawed in all 50 states since the 1990s.Today’s sexual assault laws emerge from a fraught legacy.

“But law enforcement can’t stop it if we don’t know about it.

The debate over changing the code largely centers on how courts should think about victim consent, said Michelle Anderson, dean of The City University of New York School of Law.

While some portions of the Model Penal Code were forward thinking for the time, the code still allows men to rape their wives.

“We know it’s more serious than someone striking someone when they grab someone on the rear end or the breast, but with the ways our laws are stated, especially on the adult side, it goes in as an assault through misdemeanor court.” And because 16 is the age of consent in many cases in Mississippi, law enforcement officials have had to pursue fondling cases of 16- or 17-year-olds as a misdemeanor.

In other states, where the age of consent is 18, those cases would be considered more serious felonies.

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