Spousal or marital rape is a felony in California.
The laws and social conventions around sexual assault are constantly evolving. One example of this is the concept of spousal rape. In the not-too-distant past, you could not be convicted of rape if the alleged victim was your spouse. However, both the public and lawmakers now understand that simply because you are married to a person does not mean that they automatically consent to sexual relations.
Under California law, it is possible to rape your own husband or wife. Spousal rape is a felony offense, punished as harshly as other types of rape. According to a criminal defense attorney in Rancho Cucamonga, CA, it is also considered a form of domestic violence. This means that a person who is convicted of spousal rape may be subjected to many of the same penalties as a person who was convicted of both rape and domestic violence.
Spousal rape can be based on one of five theories:
- Sexual intercourse between spouses was accomplished against one spouse’s will, using either force, violence, duress, menace, or fear of bodily injury;
- The spouse is unable to consent due to drugs, alcohol, medication, or any other intoxicating substance, and the person charged with marital rape (defendant) knows or reasonably should know this;
- The spouse is unconscious, asleep, or otherwise is not aware of what is happening, or does not understand what is happening because their partner told them something false;
- The defendant pressures the spouse to have intercourse with them by threatening to retaliate against them by kidnapping them or inflicting extreme pain, serious bodily injury or death upon them (provided that there is a reasonable possibility that the threat can be carried out); or
- The defendant persuades the spouse to have intercourse with them by making them believe that they are a public official and will use their authority to jail, arrest, or deport the spouse.
There are any number of ways that spousal rape may occur. For example, if a married couple goes to a party, and the wife has so much to drink that she passes out, the husband could be charged with spousal rape if he has sex with her while she is unconscious. Alternatively, if one spouse is not a U.S. citizen and their partner threatens to have their green card revoked or to get them deported if they do not have sex with them, the U.S. citizen spouse could be charged with martial rape.
As a criminal defense attorney in Rancho Cucamonga, CA can explain, the penalties for a conviction for spousal rape are similar to those for other types of rape. Depending on the facts of the case, the consequences may include formal probation, between 3 and 8 years in California state prison (which may increase by 3 to 5 years if great bodily injury was inflicted or even to life in prison), up to $10,000 in fines, and lifetime registry as a sexual offender.
There are a number of possible defenses to a spousal rape charge. A criminal defense attorney in Rancho Cucamonga, CA may argue that the accusation is false and was made to gain leverage in a divorce or custody proceeding. Alternatively, your lawyer may argue that your spouse actually consented to sexual intercourse, or that there is simply not enough evidence to prove that a rape occurred.
Because the consequences of a spousal rape conviction are so severe, if you have been charged with this offense, you will need a highly-skilled, aggressive lawyer to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney in Rancho Cucamonga, CA.
