Examples of moderate chastisement include the wife having bruises, being bloodied, or being raped by her husband. Bradley codified the rule under the old common law (or judge made law in England). Thank goodness Bradley was overruled in 1894 by the Mississippi Supreme Court in Harris v. State. See Harris v. State, 14 So. 266 (MS 1894). But, the lasting impacting of what has been acceptable as moderate chastisement as defined under the old common law and codified in American law seems to show a troubling acceptance of this behavior in American society and around the world. Anybody remember the movie, What's Love Got to Do With It, where Angela Bassett and Laurence Fishburne reenacted the marital rape that existed between Ike and Tina Turner. Well, as the law identified, marital rape was acceptable under the old common law and in American society. No wonder Tina Turner or any other wife who experiences marital rape from her husband believes they will not be able to find help if this was the law.
He continued to sharpen the cutlass, and threaten to take her with him if he had to go down. With a crowbar in hand, he pried the windows open. With four children, three boys and one girl, all less than eight years-old, witnessed and agonized over what was transpiring. I continued looking through my window in disbelief. I though he was going to kill them.