Weishaupt v. Commonwealth

Janet and Ronald Weishaupt (defendant) were married in 1980. By late 1981, Janet left Ronald, moving out of their martial home and taking their infant child with her. Janet consulted an attorney, who advised her to wait until she and Weishaupt had been separated for one year before filing for divorce. The parties lived separate and apart and did not engage in sexual relations. Any communication was limited to telephone conversations about their child or brief chance encounters. In October 1982, Weishaupt saw his wife at a bowling alley with a group of friends. When the parties left, Weishaupt searched for Janet because he suspected she was having relations with another man. Weishaupt found Janet with a male friend at an apartment. Weishaupt beat on the door until, upon the male friend’s suggestion, Janet opened the door. Weishaupt entered the apartment and proceeded to beat the male friend. Weishaupt tricked the male friend to step outside, leaving him alone in the apartment with Janet. Weishaupt then attacked and raped Janet, despite her repeated screams and requests to stop. Weishaupt was indicted for rape and moved to dismiss the indictment on grounds that, pursuant to English common-law principles, a husband cannot be convicted of raping his wife. The trial court denied Weishaupt’s motion, and a jury found him guilty of attempted rape. Weishaupt appealed.