Weishaupt v. Commonwealth

315 S.E.2d 847 (1984)

Ronald E. WEISHAUPT

v.

COMMONWEALTH of Virginia.

Record No. 830616.

Supreme Court of Virginia.

April 27, 1984.

Myron J. Teluk, Falls Church, for appellant.

Jacqueline G. Epps, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Present: All the Justices.

THOMAS, Justice.

This appeal raises an issue of first impression in the Commonwealth: whether a husband can be guilty of raping his wife, in violation of Code § 18.2-61, where, at the time of the alleged offense, the parties were living separate and apart.

Weishaupt was indicted for rape. He moved to…