## Facts

- A Fulton County grand jury indicted Daniel Steven Warren for raping and committing aggravated sodomy against his wife.
- Warren and the alleged victim were in a valid, ongoing marriage and living together as husband and wife at the time of the alleged offenses.
- Before trial, Warren filed a general demurrer and a motion to dismiss, arguing Georgia law implicitly exempted spouses from prosecution for rape and aggravated sodomy.
- The trial court denied both motions and granted a certificate of immediate review.
- The Supreme Court of Georgia accepted interlocutory review to decide the purely legal question whether a marital exemption barred prosecution.

## Issues

1. Whether Georgia’s rape statute contains an implied marital exemption barring prosecution of a husband for raping his wife.
2. Whether Georgia’s aggravated sodomy statute contains an implied marital exemption barring prosecution between spouses.
3. Whether any asserted common-law marital immunity survives Georgia’s statutory text and constitutional protections for personal security and liberty.

## Decision

- The Supreme Court of Georgia affirmed the trial court’s denial of the demurrer and motion to dismiss.
- The court held there is no marital exemption under Georgia’s rape statute.
- The court held there is no marital exemption under Georgia’s aggravated sodomy statute.
- The indictment was legally sufficient, and the prosecution could proceed.

## Legal Principles

- Absent explicit statutory language, courts will not imply a spousal exemption that bars prosecution for rape or aggravated sodomy.
- Marriage does not constitute irrevocable consent to sexual acts; a spouse retains state protection from sexual violence by the other spouse.
- Common-law doctrines rooted in marital “unity” and the historical subordination of women do not override modern statutory criminal prohibitions and constitutional protections of personal liberty and security.
- Rape and aggravated sodomy are treated as violent crimes; the state’s interest in protecting individuals from such violence applies within marriage as well as outside it.

## Conclusion

The court held that Georgia law recognizes no marital exemption for rape or aggravated sodomy, rejecting common-law immunity theories and allowing prosecution of a husband for forcible sexual crimes against his wife.


Warren v. State, 255 Ga. 151, 336 S.E.2d 221 (Ga. 1985)