State v. Oliver

State v. Oliver, 70 N.C. 60 (1874) in North Carolina, was one of the first American cases to reject the English rule that a husband had a right to beat his wife. The case had a significant influence on the development of the law of spousal assault and battery.[1]

Background

The 1886 book Criminal Briefs by William Henry Malone notes, "It is true that by the common law the husband possessed the power of chastising his wife, but the tendency of the criminal courts of the present day is to ignore that doctrine." William Blackstone notes "that the husband, by the old law, might give the wife moderate correction, for as he was to answer for her behavior, he ought to have the power to control her; but that in the polite reign of Charles the Second, this power of correction began to be doubted."

Ruling

The court found:[2]

We may assume that the old doctrine, that a husband had a right to whip his wife, provided he used a switch no larger than his thumb, is not law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.

But from motives of public policy,--in order to preserve the sanctity of the domestic circle, the Courts will not listen to trivial complaints.

If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive.

Legacy

This decision was later used as a precedent supporting an argument that a man could also be prohibited from slandering his wife.[3]

See also

References
  1. Hilf, Michael Gary (1980–1981). "Marital Privacy and Spousal Rape". New Eng. L. Rev. 16 (31).CS1 maint: date format (link)
  2. https://la.utexas.edu/users/jmciver/357L/70NC60.html This article incorporates text from this source, which is in the public domain.
  3. J. F. M. (April 1909). "Criminal Responsibility of Husband for Maliciously Slandering His Wife". Michigan Law Review. 7 (6): 502–504.
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