Without Consent: A Landmark Trial and the Decades-Long Struggle to Make Spousal Rape a Crime by Sarah Weinman (2025)
9h 24m read by Sarah Weinman, 320 pages
Genre: Nonfiction, History, True Crime, Historical Law, Feminism, Legal Case
Featuring: Women History, Spousal Abuse, Trials, Sexual Abuse & Harassment, Introduction, Greta Versus John, The Rideouts, 1970s, Salem, Oregon; Marital Issues, Marital Rape, Choosing Sides, Oregon v. Rideout, Marriage on Trial, She Said, He Said; Acquittal, Reunion, Intimate Partner Violence, Televised, “If You Can’t Rape Your Wife . . . Who Can You Rape?,” Laura X, Women's History Research Center, The Tide Turns, National Organization for Men (NOM), People v. Liberta, The Crawfords, Lorena Gallo & John Bobbitt, Public Figures, Private Lives, Sheila (2013–2016), Teresa (2010–2016), Rape Charges, Again (2016), Oregon v. Rideout Redux (2017), In His Own Defense (2017), Reverse, Remand, Retry (2017–2022); Epilogue, Notes, Print Version - Acknowledgments, Bibliography, Index
Rating as a movie: R for descriptions of battery and sexual assault
Books and Authors mentioned: Couples by John Updike, Virgin or Vamp: How the Press Covers Sex Crimes by Helen Benedict; License to Rape: Sexual Abuse of Wives by David Finkelhor, Ph.D, and Kersti Yllo, Ph.D; Rape in Marriage by Diana E. H. Russell, Historia Placitorum Coronæ (The History of the Pleas of the Crown) by Matthew Hale, Conjugal Lewdness, or, Matrimonial Whoredom by Daniel Defoe; The Adventures of Robinson Crusoe by Daniel Defoe, Moll Flanders by Daniel Defoe, Rape and Marriage: The Rideout Case by Hesper Anderson, Maidstone by Norman Mailer, Days of Heaven Terrence Malick, Children of a Lesser God by Hesper Anderson and Mark Medoff [based on] Children of a Lesser God by Mark Medoff; Gone with the WindSidney Howard [based on] Gone with the Wind by Margaret Mitchell; Marnie by Jay Presson Allen [based on] Marnie by Winston Graham; Coal Miner's Daughter by Tom Rickman [based on] Coal Miner's Daughter by Loretta Lynn and George Vecsey; Barney Miller Season 4, Episode 15, "Rape" by Dennis Koenig; Rape on Prime Time: Television, Masculinity, and Sexual Violence by Lisa M. Cuklanz, Guiding Light episode dated March 5, 1979; Body Heat by Lawrence Kasdan, 9½ Weeks by Patricia Knop, Zalman King, and Sarah Kernochan [based on] Nine and a Half Weeks by Ingeborg Day; Angel Heart by
Alan Parker [based on] Falling Angel by William Hjortsberg; The Terminator by James Cameron and Gale Anne Hurd; Battered Wives by Del Martin, The Politics of Rape: The Victim's Perspective by Diana E. H. Russell, The Burning BedRose Leiman Goldemberg [based on] The Burning Bed by Faith McNulty; Lalla Rookh by Thomas Moore; George Bernard Shaw; Against Our Will: Men, Women, and Rape by Susan Brownmiller; Making Marital Rape Visible: A History of American Legal and Social Movements Criminalizing Rape in Marriage by Joann M. Ross; Rape in Marriage by Diana E. H. Russell, Backlash: The Undeclared War Against American Women by Susan Faludi, Fatal Attraction by James Dearden [based on] Diversion by James Dearden; After the Madness: A Judge's Memoir of His Time in Prison by Sol Wachtler, Lorena (2019 Docuseries)
My rating: 🌟🌟🌟🌟🌟💒😥
My thoughts: 📱3% 16:38 Chapter One:Greta Versus John - This is mind-blowing. I am shocked she was unaware of this history as I learned it as a teen through VH1 Pop-Up Video. It does seem a bit dark; my son asked why I was listening to this before getting his headphones.
📱14% 1:21:05 Chapter Four: Choosing Sides - I tried to find another audiobook, but I was too intrigued by the opening. So far this is very interesting and I may finish sooner than expected. I didn't know about Defoe. There was a Macomber book I didn't like that seemed to accept rape as a part of an intimate relationship, Between Friends, it was partly set in the '60s and I wasn't a fan, but I realized it was probably for an older audience that could relate to the time period.
📱38% 3:34:58 Chapter Nine: Breakaway - This is a very interesting story, and it's quite sad how bad the culture was at that time.
📱62% 5:50:34 Fourteen: The Crawfords - It is unbelievable how culture was just 30-50 years ago. I am blown away by each story and I'm only stopping here because I've gotten behind on annotating books as I had to drive. Now I have some cleaning to do so I need a different audiobook that does not require me to think as much.
This was a shocking read. I'm floored that it took till 1993 for all 50 states to make marital rape a crime and as of 2025 10 states still have loopholes.
Recommend to others: Yes. I think this would be a tough book club selection but I highly recommend that people read it.
Memorable Quotes: On December 26, 1978, the Marion County courthouse was packed with onlookers, not only local residents but national media outlets, too. The entire country had opinions. Not only that, but news of Greta’s allegations had reached as far as Australia and Asia. Journalists from Germany and England attended each day of the trial, sending dispatches of what they had observed in court. Broadcast reporters crammed the hallways before and after the proceedings, clamoring for any juicy sound bite they could get. Americans were glued to their television sets, waiting for trial updates on the eleven o’clock news, and Greta’s testimony sparked the most anticipation: Would she be believed, and vindicated? Or would she be reviled, and ridiculed?
A MERE HALF CENTURY AGO, marital rape wasn’t a crime in North America. It wasn’t a crime in England, Australia, or much of Europe. It still isn’t a crime in China, India, Ethiopia, and far too many other countries. Americans born in 1974, only five years before I was, were born in a country where it was perfectly legal for a man to rape his wife, because the very concept of marital rape seemed unfathomable. For centuries, wives were considered the property of their husbands. Common law had it that conjugal rights were forever, at any time, at any place, and by any means necessary. Marital rape, then, was an impossibility, an unresolvable paradox. How can you rape someone when the law says she is permanently, and irrevocably, at your beck and call, subject to your every whim, however violent and damaging? The patriarchy is stubborn. Even when other sexist norms began to fall away in the 1960s and early 1970s, when women were afforded the constitutional right to an abortion and allowed to get a mortgage without their husband’s signature, apply for their own credit card, obtain a prescription for birth control, divorce their husbands without admitting fault, and conceive a child through in vitro fertilization, the problem of marital rape stayed below the public’s radar. After all, popular culture had long treated spousal rape as part of some grand romance: books, films, and television shows either romanticized rape between intimate partners as an amorous overture secretly desired by women or minimized it as a normal intramarital conflict, a pernicious stereotype that shaped audience perceptions for decades (even now, it stubbornly resists eradication and scorn). Whenever the subject did come up, it was often as a punch line: author John Updike, while in Europe promoting his 1968 bestseller Couples, once remarked: “Rape is always at the back of [women’s] minds and civilized man has lost the ability. Perhaps what goes wrong with some marriages is you can’t rape your wife.” Updike’s comment gets at a crucial irony, one that animates this book: the belief, and centuries-old legal precedent, that a man can’t rape his wife is the very thing that means a man can, in fact, rape his wife and get away with it. Throughout this book, any sexual violation between spouses will be referred to as rape, even if it occurred at a time when the broader culture did not have the language to describe these acts accurately because they were not acknowledged as such by the law. By the time Greta Rideout took the stand to testify to what she said her husband had done to her, just three states other than Oregon—Iowa, Delaware, and Nebraska—had passed laws declaring spousal rape to be a crime, on increasingly equal footing with stranger or acquaintance rapes. (North Dakota had actually been the first state to do so, back in 1975, but reinstituted a marital rape exemption two years later.) The Rideout trial, therefore, occurred during a time when spousal rape seemed ludicrous to most and opened the public’s eyes to an unfamiliar concept.
The Rideout case embodied vociferous debates about gender, sexuality, and power, and highlighted the damaging and inherent misogyny of American culture then—and now. That a man could legally rape his wife as recently as the early 1990s, that exemptions in the law persist today, making it necessary to repeal loopholes in state laws as recently as the spring of 2024, showcases the agonizing slowness of progress with respect to gender equality.