Spousal or marital rape occurs when one spouse, husband or wife, forces the other one to have sex forcefully without their consent. The lack of consent is the crucial component and physical violence is not necessarily involved. Marital rape or spousal rape is considered a form of domestic violence and sexual abuse. However, under the eye of the law, usually it is not easy for a spouse-victim to prove that she didn't consent to her husband, contraire than it would be to prove non-consent with some else.
Spousal Rape Laws in California
In the state of California it is illegal to force a spouse to have sexual intercourse with her husband as well with a stranger and it will be considered as a crime under California Penal Code section 262 PC. This code states that it is a crime that a person has sexual intercourse forcefully with his or her spouse without the spouse's consent. It also includes engaging in sexual intercourse with a spouse who cannot resist or stop the act due to intoxication or because he or she was asleep and not able to respond or defend him or herself, as well as forcing the sexual intercourse with criminal attack or through violence, threats, coercion, and intimidation. Spousal rape may also be charged with domestic violence, with domestic battery or bodily injury or criminal attack on a spouse under this section.
It is punishable as a rape crime and sentence can include imprisonment of 3, 6 or 8 years in jail and also registered as a sex offender.
- False Accusation
- Element of Consent is present
- Lack of evidence
Being charged with spousal rape or marital rape in California is a big deal and carries severe sentences to those who are found guilty of it. The legal system does not take any soft considerations for spousal rape offenders and will enforce the law to its fullest. Therefore, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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