Letters to the Editor
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Marital rape
Wil Hetherington was convicted of marital rape during a dispute that arose during a contested divorce/custody battle which was going in his favor after his wife had abandoned the family for two months. There was no physical evidence in support of his wife's accusations, yet she won the case by default, as he was indigent during the case, having exhausted his savings during the lengthy divorce proceedings.
http://tinyurl.com/22wlxr
William Hetherington has spent nine years in a Michigan prison, but proclaims his innocence. He was convicted of raping his wife, a charge which can lend itself to the same ambiguities as molestation: Both can come down to one person's word against another and both can be weapons in divorce or child custody battles.
The issue of spousal rape came dramatically to the forefront last summer when Lorena Bobbitt mutilated her husband after he allegedly raped her. Both were eventually acquitted, he of sexual assault and she of malicious wounding. At the time, many experts noted that spousal rape was notoriously difficult to prove and that convictions on such a charge were extremely rare.
But William Hetherington has a different perspective on the issue. For the past nine years, the former autoworker has resided in a Michigan prison for raping his estranged wife -- a crime Hetherington, 40, staunchly denies committing. Years after the trial, the case continues to stir strong emotions among those who see him as a victim of political machinations and those who regard his conviction as a victory for abused women. As Hetherington readies his appeal this year, those passions are likely to be reignited.
Even for a controversial criminal case, this one is unusually complex. Beyond the obvious question of guilt or innocence, there is the question of whether Hetherington's civil rights were violated by a court that did not recognize him as indigent -- even though he apparently had no access to his assets -- effectively denying him the chance to appeal. There also is the severity of his 15- to 30-yea -- far in excess of Michigan's sentencing guidelines and striking in view of the fact that Hetherington had been offered immediate release after spending about 14 months in jail in exchange for a no-contest plea. And, finally, there is the question of whether Hetherington became a pawn in the political games of an ambitious prosecutor and a judge, both eager to make an example out of the first man in Genesee County, Mich., to be tried for marital rape.
More details here:
http://www.geocities.com/tiluser/wils_page.html