California does not exempt spouses from rape charges.
While it may be surprising to some people, it is possible under California law to be charged with rape for sexually assaulting your own wife or husband. In fact, California treats spousal rape (also called martial rape) just as serious a crime as other types of rape. In certain circumstances, it may even lead to more significant consequences.
Spousal rape occurs when a defendant has sexual intercourse with his or her spouse, without the spouse’s consent, using either force, violence, duress (a direct or implied threat to coerce the spouse), menace (threat to inflict injury) or fear of bodily injury. It can also occur when the spouse is unable to consent or resist due to drugs, alcohol, medication or another intoxicating substance, and the defendant knows or reasonably should know this, or when the spouse is unconscious. It can also be charged if a defendant convinces a spouse to have intercourse by threatening to retaliate against the spouse or anyone else by kidnapping or inflicting extreme pain, as long as there is a reasonable possibility that the threat can be carried out. Finally, it can be charged if the defendant persuades his or her spouse to have intercourse by claiming that he or she is a public official and will use his or her authority to incarcerate, arrest or deport his or her spouse.
As you can see, there are many potential scenarios where a person could be charged with martial or spousal rape. The key is that a person did not consent to the intercourse, and the intercourse was accomplished by one of the methods described above. A skilled criminal defense attorney in San Bernardino, CA can work with you to determine if the charges against you are consistent with the definition of spousal rape under California law.
The penalties for spousal rape in California are harsh. According to a criminal defense attorney in San Bernardino, CA, spousal rape is a felony, punishable by up to eight years in California state prison (or even up to a life sentence if certain factors are present), up to $10,000 in fines, and lifetime registration on the sex offender registry if the rape is accomplished by force or violence.
The use of force or violence may bring additional charges under California’s domestic violence laws. Inflicting corporal injury on a spouse or domestic battery are two potential charges that could be brought in addition to spousal rape if force or violence is used to accomplish the rape. An experienced criminal defense attorney in San Bernardino, CA can help defend you against both the spousal rape and any related domestic violence charges.
Being charged with spousal rape and/or domestic violence can be frightening, particularly if you do not believe that you are guilty of the charges. There are many situations where false accusations may be made due to other issues in the marriage, or that there is simply insufficient evidence that a rape occurred. If you have been charged with spousal rape or any other crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
