Currently, California differentiates spousal rape from nonspousal rape, with two different penal codes for each. This state is one of the few that still establishes marital rape as a special case, but that could change. State legislators introduced Assembly Bill 812 and Senate Bill 530 for consideration. If these bills pass, the judicial system will treat spousal rape the same as other forms of sexual assault.
How Is Spousal Rape Currently Defined?
Under Penal Code 262, it is a crime for one spouse to force the other to have sexual intercourse without consent. Withdrawal of consent does not have to come in the form of verbal refusal. Nonconsensual sexual intercourse occurs when the perpetrator forces the victim into the act through sexual violence or physical force.
Furthermore, if the spouse is under the influence of drugs or alcohol and unable to consent, consent cannot be established. Other potential indicators of nonconsent include threatening to harm the spouse or someone else or having intercourse when the victim is asleep. Sexual intercourse occurs when there is penetration to any degree and for any length of time.
What Are the Penalties Now for Spousal Rape?
Though current codes differentiate spousal rape from other forms, it is still a serious crime. Marital rape is a felony in the state of California. The penalties for spousal rape can be lower than those for other types of sexual assault. If you are found guilty of raping your spouse, you may face up to eight years in state prison and fines up to $10,000. Though not always the case, you may also have to register as a sex offender, depending on the facts presented.
Can a Spouse Still Be Charged With Rape If California Drops the Spousal Rape Law?
If California drops the distinction for spousal rape, a spouse can still be charged with rape.
Spousal rape would still be defined as nonconsensual sexual intercourse, where the free will of one spouse to decline sex is overcome by the other. Marital sexual assault would be considered equal to other forms of sexual assault. To prove guilt, prosecutors would have to establish that you:
- Engaged in sex with another person, whether you are married or not
- Did not have consent from the other person
- Used coercion, threats or force to get the other person to have intercourse
The penalties for spousal rape would then be the same as current penalties for nonspousal rape.
What Are the Penalties for Rape Under California Penal Code 261?
California Penal Code 261 establishes the same fine structure and imprisonment duration for nonspousal rape that PC 262 does for spousal rape. However, there is no possibility of evading the requirement to register as a sex offender. Under PC 261, anyone found guilty of sexual assault must register. Additionally, rape is considered a violent felony, so the charge counts towards California’s Three Strikes system if you are found guilty.
How Do I Find a Defense Attorney If I Am Accused of Spousal Rape?
Rape is a serious crime. If your spouse accuses you of rape, you need the expertise of attorneys who understand California’s rape laws and the state’s criminal justice system. Chambers Law Firm specializes in high-stakes felonies. We have the experience you need to defend your rights and reputation. Contact us today for a free, no-obligation consultation.
