California Sex Crimes Laws: Learn the Details of Spouse Rape Laws

California Sex Crimes Laws: Learn the Details of Spouse Rape LawsAlthough it may come as a shock to some, under California law, you can be accused of rape for sexually abusing your own wife or husband. In fact, spousal rape, sometimes known as martial rape, is treated as a serious crime in California on par with other forms of rape. In other cases, it can even have more serious repercussions.

Read on to learn more about these sex crimes and domestic violence. Then contact Chambers Law Firm at 714-760-4088 if you need an experienced attorney who will defend your freedom.

What is spousal rape?

When a defendant engages in sexual activity with his or her spouse without the other person’s consent, whether it be through force, violence, duress (a direct or implied threat to force the other person to submit), menace (a threat of harm), or fear of harm to one’s body, it is considered spousal rape.

Additionally, it can happen if the defendant knows or should know that the victim is using drugs, alcohol, prescription, or another intoxicating substance, or if the victim is unconscious. It can also be charged if the defendant uses the threat of kidnapping or other severe physical harm to coerce a spouse into engaging in sexual activity, as long as there is a plausible chance that the threat would be carried out.

Lastly, it is punishable if the defendant threatens to imprison, jail, or deport his or her spouse while claiming to be a public official in order to convince the other person to engage in sexual activity.

As you can see, there are lots of circumstances in which someone can be accused of marital or spousal rape. The crucial factor is that the intercourse took place using one of the aforementioned methods and that the subject did not consent to it.

Potential consequences for a spousal rape conviction

In California, spousal rape carries severe consequences. Spousal rape is a felony punishable by up to eight years in state prison in California (or even life in prison if certain circumstances are present), up to $10,000 in fines, and lifetime registration on the sex offender registry if the rape is carried out with force or violence.

According to California’s domestic violence legislation, using force or violence may result in extra charges. If force or violence is used to commit the rape, further charges such as domestic battery or inflicting corporal injury on a spouse may be pursued. You can be defended against the allegations of spousal rape and any associated domestic violence accusations by a skilled criminal defense lawyer.

Call us now if you have been charged with or accused of spousal rape

It can be terrifying to be accused of marital rape or domestic violence, especially if you don’t think you’re guilty of the claims. False accusations can often be made because of other problems in the marriage or because there isn’t enough proof that a rape has taken place. Chambers Law Firm will assist if you have been charged with spousal rape or any other felony. For a free initial consultation, call us at 714-760-4088 or email dchambers@clfca.com right now.

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