It is possible to be prosecuted with rape for sexually abusing your spouse under California law. Spousal rape (sometimes known as martial rape) is treated as seriously as other forms of rape in California. It may potentially have more serious repercussions in some instances. Keep reading to learn more and request a consultation with an experienced criminal defense attorney by calling Chambers Law Firm at 714-760-4088.
What is spousal rape?
Spousal rape occurs when a defendant uses force, assault, duress (a direct or implicit threat to coerce the spouse), menace (threat to inflict damage), or fear of bodily injury to have sexual intercourse with his or her spouse without the spouse’s permission.
It can also happen when the defendant knows or should know that the spouse is unable to agree or resist owing to drugs, alcohol, prescription, or another intoxicating substance, or when the spouse is asleep. It can also be prosecuted if a defendant persuades a spouse to have extramarital affairs by threatening to retaliate against the spouse or anybody else by kidnapping or causing serious suffering, as long as the threat is credible.
Finally, if the defendant persuades his or her spouse to have intercourse by pretending to be a public official who will use his or her position to incarcerate, arrest, or deport his or her spouse, it can be prosecuted.
As you can see, there are several instances in which someone might be prosecuted with spousal or martial rape. The key is that the alleged victim did not consent to the intercourse, and it was carried out via one of the ways indicated above. At Chambers Law Firm, we can help you assess whether the allegations against you are consistent with California law’s definition of marital rape.
Potential consequences of a conviction for spousal rape
Spousal rape carries severe penalties in California. Spousal rape is a felony punishable by up to eight years in California state prison (or even life in some cases), up to $10,000 in fines, and lifetime registration on the sex offender registry if the rape is carried out with force or violence.
Additional charges could be filed
Under California’s domestic violence statutes, the use of force or violence may result in extra charges. If force or violence is used to carry out the rape, crimes such as inflicting corporal damage on a spouse or domestic abuse may be filed in addition to spousal rape. A competent criminal defense lawyer in San Bernardino, CA can assist you in defending yourself against spousal rape and other domestic violence allegations.
Being accused of marital rape and/or domestic violence may be terrifying, especially if you do not feel you are guilty of the allegations. There are many instances where false charges are made as a result of other troubles in the marriage or simply because there is inadequate evidence that a rape happened. Chambers Law Firm can assist you if you have been charged with marital rape or any other crime. To book a free first consultation, call 714-760-4088 or email dchambers@clfca.com.
