People v. Liberta
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Facts: Mario and Denise Liberta were married in 1978. Mario beat Denise. In 1980, Denise brought a proceeding in the Family Court seeking protection. The court ordered Mario to move out and stay out, and stay away from Denise. He could visit their son on weekends. When the family was together in a hotel room, Mario threatened to kill Denise and forced her to have sex with him. He made their young son watch.
Issue: Is this rape, notwithstanding that they are married?
Reasons: Statute provides that a couple is statutorily "not married" if they are living apart as per court order, so it is rape.
