Podcast Summary: All Of It with Alison Stewart

Episode Title: The Groundbreaking Case that Helped Make Spousal Rape Illegal
Air Date: December 1, 2025
Host: Alison Stewart (A)
Guest: Sarah Weinman (B), author of Without a Landmark Trial and the Decades Long Struggle to Make Spousal Rape a Crime

Overview

This episode features an in-depth discussion with author Sarah Weinman about her new book, which chronicles the pivotal court case of Greta Rideout in Oregon and its lasting legacy in the fight to criminalize spousal rape across the United States. The conversation explores the harrowing details of Greta's life, the legal and social obstacles she faced, the media's sensational coverage, and the broader shifts in societal and legal views on marital rape from the 1970s through today.

Key Discussion Points and Insights

1. Historical Context: Marital Rape Laws in the U.S.

• Prevalence of Legal Exceptions: In 1978, only four states made marital rape a crime: Iowa, Nebraska, New Jersey, and Oregon.
• Origins: The spousal exemption in rape laws traced back to centuries-old common law, where marriage conferred perpetual sexual consent from women to their husbands (B, 02:11).
• Activism: The 1970s saw legal reforms for women’s rights (e.g., Roe v. Wade, Equal Opportunity Credit Act), but marital rape remained largely ignored until activists began challenging its archaic exemption (B, 02:11).

2. Greta Rideout's Story

• Greta’s Background: Greta moved from the Midwest to Oregon seeking opportunity, experiencing instability and domestic violence upon meeting John Rideout (B, 03:32).
• Cycle of Abuse: Their relationship was marked by repeated violence, economic hardship, and coercion (B, 04:04).

3. The Assault and Legal Aftermath

• The Incident: On Oct 10, 1978, Greta reported being raped by her husband, an assault that occurred in front of their young daughter (B, 05:01).
• Law Awareness: Greta knew about the recent change in Oregon law, having accessed a women’s crisis center previously (B, 05:42).

4. Significance of the Case

• First of Its Kind: This was the first American case where a cohabitating wife pressed rape charges against her husband, challenging restrictive legal norms and drawing national media attention (B, 06:31).
• Media Coverage: Greta’s name was published early, a decision now seen as unethical, leading to widespread exposure and further trauma (B, 07:17).
  • “Obviously, in 2025, we would not do that…” (B, 07:17)
• Public Backlash: Reporting and op-eds were often hostile and sensationalized, with the defense arguing the very concept of marital rape was invalid (B, 08:14).

5. The Trial: Strategies and Outcomes

• Use of Sexual History: The court allowed Greta’s sexual history into evidence—including abortions and an alleged affair—subjecting her to invasive cross-examination (B, 09:04).
  • “[W]hat was interesting is that Greta would later say that when she was being prepped by the prosecution, she felt that was more traumatic than being cross examined.” (B, 09:04)
• Evidence and Verdict: Prosecutors presented a strong case (27 witnesses vs. 4 for the defense), but the jury acquitted John Rideout, doubting Greta’s credibility due to the defense’s character attacks (B, 10:19).
  • Jury considerations leaned heavily on the singular charge of first-degree rape; lesser charges were not options (B, 11:19).

Memorable Quote

“If you have to choose between guilty and not guilty, and you feel like you don’t have reasonable doubt, you can’t in your good conscience convict. But the ripple effects were just untold.” — Sarah Weinman at 12:19

6. Personal Toll and Writing Challenges

• Author’s Struggles: Weinman describes the psychological difficulty of immersing herself in traumatic material, drawing support from other writers who documented intimate partner violence (B, 13:07).
  • “If I wasn’t affected, I wouldn’t be a human being… I hope in talking about this for my own work, that it will make someone else working on similar topics feel less alone.” (B, 13:07)
• Motivation for Exploring Dark Subjects: Weinman seeks to understand why some people repeatedly cross moral lines while others do not (B, 14:50).

7. Popular Culture and Public Perception

• Media Portrayals: The case inspired a Barney Miller episode and a TV movie starring then-unknown Mickey Rourke and Linda Hamilton (B, 15:42).
  • The TV film handled the case with "great sympathy and responsibility," but still succumbed to “tropes of TV movie issues” (B, 15:51).

8. Long-Term Impact on the Law

• Catalyst for Reform: Outrage over the acquittal galvanized activists, notably Laura X, leading to the establishment of the National Clearinghouse for Marital and Date Rape and broad tracking/publicity of such cases (B, 17:12).
• Change Nationwide: Over 15 years, this advocacy pushed every state to criminalize marital rape by 1993 (B, 17:12).

Notable Quote

“It took about 15 years, but it went from just four states making spousal rape a crime to all 50 by 1993.” — Sarah Weinman at 18:12

• New York’s Landmark Ruling: The NY Court of Appeals held that marriage is not a license for rape, declaring equal protection for married and unmarried women (A, 18:35).

  “A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman.” — NY Court of Appeals ruling cited at 18:35

• The Liberta Case: A pivotal Buffalo trial led to nuanced law changes, ultimately ensuring that spousal rape was a crime under equal protection regardless of gender (B, 18:59).

9. Reflections on Victims and Ongoing Reform

• Greta's Privacy and Healing: Weinman did not contact Greta out of respect for her desire for obscurity and healing (B, 20:30).
  • “To me, the fact that she was able to live out her life in relative obscurity, raise her daughter…that, to me, is the best ending I could ask for.” (B, 20:30)
• Advocacy Continues: Legal loopholes persist in some states, including reduced penalties for therapy completion and exceptions around incapacity or child marriage (B, 21:29).

Timestamps for Key Segments

• [02:11] – History and origins of spousal rape exemptions
• [03:32] – Greta Rideout’s background and tumultuous relationship
• [05:01] – The alleged assault and Greta’s awareness of the law
• [06:31] – Significance of the couple living together at the time of the assault
• [07:17] – Media’s early publication of Greta’s name and impact
• [09:04] – Greta’s sexual history used against her in court
• [10:19] – Jury dynamics, evidence, and factors in the acquittal
• [13:07] – Sarah Weinman on the emotional toll of writing the book
• [15:42] – Popular media’s depiction of the Rideout case
• [17:12] – Activism and the nationwide push for change
• [18:35] – New York’s groundbreaking legal decision
• [20:30] – Greta’s life after the trial and Weinman’s choice not to contact her
• [21:29] – Current loopholes and continuing advocacy

Notable Quotes

• On the law’s origins:
  “It went all the way back to common law in the 16th, 17th century, where once a woman married her husband, she was essentially his property and he had the perpetual right to consent.” — Sarah Weinman [02:11]

• On the trial’s unfairness:
  “There was a pretrial hearing a few days before opening arguments where the judge allowed in Greta's sexual history...because that was all fair game, it meant that Greta had to talk about it on the stand.” — Sarah Weinman [09:04]

• On moving history forward:
  “It’s interesting to think that an acquittal might have spurred this more quickly than a conviction. And I think just because the outrage about the acquittal…” — Sarah Weinman [17:12]

• On NY’s legal turning point:
  “A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman.” — NY Court of Appeals, quoted by Alison Stewart [18:35]

• On unfinished progress:
  “What advocates are hoping to still achieve is to get rid of every remaining loophole in various state laws…” — Sarah Weinman [21:29]

Conclusion

This episode offers a comprehensive, moving look at the legal, cultural, and deeply personal aspects of the fight to make spousal rape a crime. Through Greta Rideout’s story and the analysis of Sarah Weinman, listeners gain insight into both the fraught history of the law and the enduring gaps that remain. Despite legal advances, Weinman and Stewart highlight both the progress made and the work yet to be done to ensure justice and protection for all survivors.