2The Daily Tar HeelFriday, November 20, 1992
Marital rape exemption law could be overturned
By Stephanie Greer
Staff Writer
, Rape-prevention activists remain
hopeful after a recent legislative meet
ing that focused on the possible elimi
nation of an N.C. statute stating that a
husband cannot be prosecuted for rap
ing his wife.
"There are no advantages to this law.
Essentially, it allows a husband to rape
his wife; that is sanctioning another
form of domestic violence," said Susan
Howley, a legislative analyst for the
National Victim Center.
Lawyers, marital rape victims, and
.members of rape-prevention activist
; groups gave their testimony Tuesday to
;the N.C. Committee on Law Enforce
; merit Issues, a committee of the N.C.
; Legislative Research Commission, said
Jennie Dorsett, an attorney for the leg
islature. The N.C. Legislative Research
;Commission thoroughly studies con
troversial state laws that could be over
turned by the N.C. General Assembly.
;XThe information presented to the
-.committee consisted of the experiences
;6f marital rape victims and the legal
aspects of the exemption statute.
; ! The committee will meet again Dec.
; 18 to receive more information on the
issue, Dorsett said.
Vietnamese
By Julie Nations
Staff Writer
' The first of 400 Montagnards, who
are members of a Vietnamese tribe im
migrating to the United States, will ar
rive in Raleigh today through the work
of Lutheran Family Services.
The immigrants will be joining an
other group of Montagnards that came
to North Carolina in 1986, said Gai
Trail, the volunteer coordinatorfor refu
gee services at Lutheran Family Ser
vices. Tran said that the men would
come first and that the women and chil
dren would arrive by December.
The refugees will live in an orienta
tion center in Apex for two months to
Stewart
analyzing the samples in a laboratory,
Stewart said.
Provost Richard McCormick said he
did not want to comment on any spe
cific tenure case. He said that in hypo
thetical cases, grants helped but did not
guarantee tenure.
"A grant is normally a sign that your
research is highly regarded," he said. "It
doesn't help (ensure tenure) because of
the money, but because it is a tangible
sign that your academic peers have re
viewed your research and the proposi
tion of research and they think highly of
them."
Folio said he wasn't sure whether he
would be able to use the grant money,
since he will not be affiliated with UNC
after June 1993.
"It's too late, I'm afraid, to help as far
as tenure goes," he said, adding that the
grant might help him find another job.
"I can show that, in fact, I am doing
research," Folio said. "Getting a grant is
a good thing the same as publica-
T Mario's Famous
! Hot Wings
j 12 Large wings served hot, medium or mild
: E)livep&c3
J by Heels on Wheels
I 25 wings- $8.85 exp. 1 2-31 -92
i FAST, FRIENDLY
I Sun.-Wed. 11 :00am-l :00am
I nsi0am-2:00am
mm mm
1KB
Chef Guan from
I his invitation to sample his authentic
1
1 mmmmmmmmmmmmmmmmmmmvUMUnmBmumwlbJUII
m
m 9 jMivLwcn
Eggplant
HotPot
Ginger Salt
Chicken
Crispy
Prawn Ball
Pepper Salt
Squid
1
1
790 Airport Rd., Chapel Hill (next to
- .iifnrimruji.iiiutffWTT:sirjiiii:ATi
"This is a tough subcommittee, with
a reputation for being on the conserva
tive side. If they give this recommenda
tion, we' 11 be in really good shape," said
Arlaine Rockey, a Charlotte attorney
and co-chairwoman of the Association
for the Reform of N.C. Marital Rape
Laws.
Ellen Plummer, coordinatorof sexual
assault support services for Duke Uni
versity, said she was glad the commit
tee held the forum. "I didn't have high
expectations going in, so I'm pleased
that members of the committee are at
least willing and open to receiving other
information.
"We want it so that no matter what a
woman's marital status, she has equal
access to the law .... We're hoping that
the General Assembly will do away
with (the statute)," she said.
The marital statute was adopted into
the common law of the United States
from the common law of England,
Rockey said.
In 1979, the common law became a
statute, which stated that a husband
could be prosecuted for a rape or sex
offense against his wife only if the couple
was living separately under a written
agreement or judicial decree, said Kirk
Osborne, a Chapel Hill attorney.
A 1987debateoverwhethertoamend
refugees look for safety,
make the adjustment smoother, Tran
said.
"We need volunteers to help them
look for housing and jobs," she said.
Frank Williams, state director of refu
gee services at the Lutheran Family
Services, said not all the Montagnards
would settle in Raleigh.
"One hundred and sixty-one will go
to Charlotte, 1 75 will go to Greensboro,
and 62 will stay in Raleigh," he said.
Williams said eight groups from
Lutheran Family Services would spon
sor the immigrants upon their arrival.
"The sponsors will help orient them
and provide them with a lot of things,"
he said. "The sponsor groups raise funds,
help the Montagnards get to appoint-
from page 1
tions. It'll make the stigma of not get
ting tenure a little easier." ,
Folio said the grant was up in the air
while Stewart's tenure was being con
sidered. He said both he and Stewart
had to be employed by a research insti
tution to use the grant, but they did not
have to work at the same institution.
The money also does not have to be
used at UNC, he said.
"If he and I both .had to leave and
went together to the same institution,
we could take it with us," he said. "If
neither of us got a job, or if we were
bagging groceries at Food Lion, we'd
have to give the money back."
Stephen Birdsall, dean of the College
of Arts and Sciences, said many factors
went into the decision to grant tenure.
"(The department) looks at teaching
qualifications, grants, publications and
participation in public service," he said.
The grant may help an individual get
a job, but potential employers consider
many criteria, Birdsall said. i
& FREE Delivery!
f f4 PAAp
929-5005 !
mm mm mm mm mm mm mm mm mm mm mm mm
Canton, China, would like to extend
CHJNE5E ResmURMT
the law resulted in a compromise by the
N.C. General Assembly that deleted the
requirement for written evidence of
separate living conditions, he said.
Rockey added that during the 1987
debate, a member of the N.C. General
Assembly said, "If you can't rape your
wife, who can you rape?"
'This law now puts the entire burden
on the wife, because she has to separate
first in order to protect herself," Howley
said.
Research by the N.C. Committee
Against Domestic Violence showed that
in one year's time, 5,000 cases of mari
tal rape were reported to 30 N.C. shel
ters for battered women.
Laura X, director of the Berkeley
Clearinghouse on Marital and Date
Rape, said research done by the clear
inghouse showed that North Carolina
and Oklahoma were the only states
where "it is still completely legal to rape
your wife if you are living with her."
Plummer said most states still had a
provision that provided for some type
of marital rape exemption.
Rockey said there were several "com
mon nonsense reasons" that people cited
as an excuse to keep marital rape ex
emption in the N.C. penal code.
She said the reasons included the
argument that prosecuting a husband
ments, enroll their kids in school, get
Social Security cards, leam about bank
ing and help the refugees with impor
tant needs."
Saint Michael's Episcopal Church in
Raleigh is one of the groups sponsoring
the Montagnards. The church will help
the immigrants become established in
North Carolina, said Carol Johnson, the
administrator of the church. "Families
in our parish will provide them with
food, help them look for jobs and leam
English," she said.
Tran said the refugees who have been
in the state for six years were excited
about helping the new arrivals adjust.
Lutheran Family Services also has a
job development service that will be
Petitions '
come past us at all?
"It is not my responsibility to instruct
the faculty how to think, how to vote,
how to come forward."
When asked what kind of impact the
signatures would have, Birdsall said the
petitions were "very meaningful."
"People who signed this are con
cerned with two different things, al
though they are related," Birdsall said,
o "One is the individual, and the other is
the idea of teaching becoming unim
portant." Strobel said he thought the meetings
were a success because students had
been able to express their concern di
rectly to the administration.
Halman echoed Strobel's optimism.
"It is important that everyone realize
that our intentions are to maintain the
reputation of the University with pro
fessors like Dr. Ferguson," she said.
"We still stand strong in our call that
he should be promoted and granted ten
ure." NO. CAROLINA
COUNTY MAPS
IN STATE BOOK
A book containing all' of North Caro
lina's 100 county maps is available.
Printed on large size 16x22 inch double
spread pages, each county has a separ
ate map. The book contains 156 valuable
pages.
The Tar Heel State's 96,900 miles of
roads are shown in detail. Towns, cities
and villages are indexed and located,
and there is much additional information.
To order North Carolina County Map
book, send $14.85 (price includes de
livery). VISA and MasterCard accepted.
Make checks payable to
County Maps
521 Puetz Place
Lyndon Station, WI 53944
(608) 666-3331
Other states available: AR, FL, IN,
KY, MI. OH, PA, SC. TN, and WV.
Cantonese Cuisine
Sav-ACenter) 967-6 1 33
for rape "destroys marital harmony,"
that claims of marital rape would be
used as a weapon during a divorce, that
women gave their "implied consent" to
have sex when they married and that
marital rape cases were difficult to prove.
Rockey said the argument that mari
tal rape cases were harder to prosecute
was "a misguided thing to say."
"All rape cases are hard to prove ....
It's a thing that's usually done in pri
vate, and there aren't usually any wit
nesses," she said.
Rockey also said she had never heard
women point to any of the "common
nonsense reasons" as an excuse for keep
ing marital rape exemption.
Many of the prosecutions against men
for marital rape have been successful
only because of other evidence of do
mestic battery and violence, X said.
Rockey said most men were tried for
assault because it was illegal to try them
for rape in North Carolina. Rockey
added that because assault was a misde
meanor, it was very rare for someone
found guilty to receive any time in
prison. Those guilty of first-degree rape
might receive a life imprisonment sen
tence, she said.
Plummer said she thought society's
cultural views played a large part in the
fact that marital rape exemption poli-
jobs in North Carolina
offered to the immigrants, Tran said.
"We are hoping the companies that have
hired Montagnards will hire some
more," she said. "They are very hard
working people."
Ypat Buonya, a refugee specialist at
Lutheran Family Services, said that af
ter he came to North Carolina with a
group of Montagnards in 1986,hisspon
sor helped him get a job. "I had a job
after one month," he said.
Buonya has learned English so well
that he serves as an interpreter for the
other refugees. "I read the dictionary
and went to Wake Tech to leam En
glish," he said.
Buonya said he came to the United
States to avoid persecution in Vietnam.
X
was an excellent, effective piece.
"I think the younger generation's in
terest in Malcolm X is very relevant to
what we're going through now," she
said. "His philosophies are what we
need to hear to wake up African-American
consciousness."
The movie also intrigued those who
were alive during Malcolm X's rise to
prominence.
Journalism Professor Chuck Stone,
who had not yet seen the movie, said he
felt that Lee had the potential to do a
great job on the movie, even though
other directors could have done a job of
equal caliber.
Campus Calendar
FRIDAY
NOON: B-GLAD Lesbian Lunch will be in 218
Union.
1 p.m. UNC Juggling Club will meet in the
Carmichael Ballroom. The good weather location is
the flagpole between South Building and Wilson
Library. All those interested in a mass order to Dube
should attend.
2 p.m. B-GLAD and Gay and Lesbian Law
Students Association will present a panel of openly
gay elected officials in 206 Union.
3:30 p.m. Graduate Art Student Association will
welcome art historian David Summers, UVa. to lec
ture on "Making Hierarchys" in 21 8 Hanes Art Cen
ter. 6:30 p.m. UNC Hillel will have services and din
ner at Hillel.
8 p.m. Ebony ReadersOnyx Theatre will present
This weekend, the Carolina Women's Soccer Team will try
to extend its record 56-game winning streak and capture a
seventh straight national tide.
NCAA Semifinals
Sat, Nov. 21 1:C0p.m. Duke vs. Hartford
3:30 p.m. Carolina vs. Santa Clara
The championship game will be Sunday at 1 :00 p.m., and
will be covered by ESPN. Show your support for the most
successful program in college athletics today.
Sam s Sports Celebrates Christmas with a
mm?
SPECIAL STORE HOURS
9-9 Nov. 1 9, 20 9-6 Nov. 2 1
mini's srooTS
TIMBERLYNE SHOPPING CENTER
1 1 29 WEAVER DAIRY RD CHAPEL HILL
cies still were practiced.
"Marital rape is difficult in that people
get hung up over the sexual element.
Culturally, we have a lot of trouble
dealing with rape," she said.
Plummer said that various groups
had been working for the N.C. General
Assembly to repeal the statute since
1986 and that she was more hopeful
about the results of this committee meet
ing than she had been in the past.
Rockey said more women were band
ing together to overturn outdated legis
lation that affected their family and
societal relationships.
"I think we're having more success
because the climate is different from the
way it was in 1987 .... Women have
begun to realize that they can come
together and have a voice and that they
are tired of not being considered as
individuals," she said.
X said that in her book "Rape and
Marriage," Diana Russell conducted a
random survey of married women in the
United States and that 14 percent of the
women surveyed reported that they had
been victims of marital rape.
"It's hard to get statistics on this; a lot
of women don't report it because it's
not a crime," Rockey said. "We want
victims of rape to be treated the same,
no matter what their marital status is."
Buonya said he and many other
Montagnards from South Vietnam
fought alongside the Americans in the
Vietnam War. "The Viet Cong were
killing people that worked with the
United States," he said. "We fled to the
jungle and organized like a military
group."
H'luok Mdrang came to Raleigh with
her husband and other refugees in 1 986.
She said the transition from Vietnam
ese life to American ways was difficult.
"It was hard to find work because we
did not understand English," she said.
Mdrang said the thing she missed
most was her family in Vietnam. "It is
hard for us," she said. "There is not
enough food or money to send for them."
from page 1
Stone, who knew Malcolm X and
still keeps a photograph of himself and
the black leader taken about a week
before Malcolm X's assassination, said
the movie only interested him on a
cinematic level. "Eventually, I'll see it
just because I'm curious," he said.
The fact that the young people of
America look up to Malcolm X so much
is an indication of the problems of the
times, Stone said.
Harry Amana, associate professor of
journalism, said he hadn't seen the film
yet, but that he thought it was great
students and younger people were em
bracing Malcolm X.
"The Fisherman" by Diane Houston in the Union
Cabaret. Admission is free.
SATURDAY
NOON: Senior Class will meet to watch the Duke
game at Pizza Hut. Bring ID.
6 p.m. Ebony ReadersOnyx Theatre will present
'The Fisherman" in the Union Cabaret.
SUNDAY
7 p.m. Newman Catholic Center will have its
student mass.
ITEMS OF INTEREST
Granville 5K Run for Awareness, to benefit
Orange County Rape Crisis Center, will take place at
2 p.m. Sunday. The entry fee is $10, and forms are
available at the Union Desk.
Iran building sub base
outside Persian Gulf ;
LONDON Iran is building a base
outside the Persian Gulf for a subma
rine it bought from Russia, Jane's De
fense Weekly reported Thursday. ; '
The submarine apparently has "surface-to-air
missile capability," the maga
zine said. The main armaments on such
submarines usually are 18 torpedoes.
The diesel-electric submarine, which
has arrived in Iranian waters, and as
many as two more submarines Iran has
bought will be based at Chan Bahar on
the northeastern , shore of the Gulf of
Oman, the magazine said, quoting West
em naval intelligence sources. The Gulf
of Oman lies between the Persian Gulf
and the Arabian Sea.
Diplomatic sources initially thought
the submarines wouldbe based at Bandar
Abbas, at the mouth of the Persian Gulf
and a possible choke-point for shipping
into the waterway. Basing the subma
rines at Chah Bahar indicates they will
be used mainly in the Arabian Sea,
Jane's said.
The USS Topeka, a nuclear-powered
submarine, had been in the area, report
edly on a routine mission, but it is widely
believed it was there to monitor the
Iranian submarine.
Honecker lawyers file
to stop ex leader's trial
BERLIN Lawyers for Erich
Honecker filed a new petition Thursday
to stop his manslaughter trial, saying its
only purpose is to torture the ailing
former East German leader who is not
expected to live to see the verdict.
When the third session of the trial
ended, charges against Honecker and
three co-defendants still had not been
read into the record, and the judges
seemed mired in legal motions.
Chief Judge Hansgeorg Braeutigam
and his two associates even had to deal
with a petition doubting the defendant
really was Honecker.
It was filed by a relative of a person
killed at the Berlin Wall, and the judges
rejected the request to fingerprint
Honecker, calling it absurd.
The manslaughter charges stem from
the deaths of 13 people killed trying to
escape to the West during Honecker's
1 8-year rule as Communist boss, which
ended in 1989. He oversaw construc
tion of the wall in 1961.
Defense lawyer Nicolas Becker in
troduced a letter from Professor Volker
Taenzer, a radiologist at the Moabit
prison hospital who diagnosed
Honecker's liver cancer.
Taenzer has estimated Honecker's
life expectancy at six to 18 months,
while the trial is likely to last two years.
Bhutto trying to topple
Pakistani government
ISLAMABAD, Pakistan Thecon
servative Islamic government on Thurs
day ordered Benazir Bhutto not to leave
her hometown in southern Pakistan, but
she vowed to keep trying to bring down
the government.
"This government has dug its own
grave, and its days are numbered,"
Bhutto told a news conference in
Karachi.
She announced plans for a rally and
protest march today in the northern city
of Peshawar.
Bhutto was expelled Wednesday
from the federal capital and surround
ing area for 30 days for ignoring a ban
on public rallies and protests.
She and hundreds of supporters broke
through police barricades to go to a rally
where she urged an estimated 30,000
people to help topple the government.
Bhutto charges that Sharif s govern
ment, which replaced her administra
tion in 1990, is corrupt and repressive.
Bhutto was ousted amid similar charges.
Sharif says Bhutto is trying to create
anarchy and force a takeover by the
army, which has ruled Pakistan for more
than half its 44-year history. He warned
that further marches would be met with
an unprecedented show of force.
Sudan limits hours
women may work
KHARTOUM, Sudan Sudan's
Muslim fundamentalist government has
issued new decrees that ban women
from working in markets and otherpub
lic places after 5 p.m., an official news
paper reported Thursday.
The decrees also require all shops to
close down two houVs for Friday noon
prayers, the army daily al-Kuwat al
Musalaha said.
Sudan's Muslim fundamentalist gov
ernment has taken a number of steps
affecting women, such as requiring fe
male ministry employees to cover their
hair, as Islam demands. It also has
banned men from working in hair sa
lons for women.
In another development related to
Sudan's separation of the sexes, the
newspaper reported confusion over who
should sit where on public buses. The
government had restricted women to
the back of the bus, but after women's
organizations protested, it moved the
women's section to the front.
No one is quite sure where to sit, the
newspaper reported
The Associated Press.