California Penal Code Section 262

Definition

Spousal Rape under California Penal Code Section 262, is a criminal offense and it is normally filed as felony. Spousal Rape is when someone has sex with their wife or husband, without their permission, and this is done through aggression, menacing, deceit or peril.

Example

A perpetrator holds down their wife or husband to have sex with them, even though they refused. Many people may not be aware that this is a criminal offense. Fact: Raping a Spouse, even though you are married, is a crime.

Elements of the Crime

In order to take a Spousal Rape CPC 262 case to trial, certain elements of the crime will have to be proven. This includes:

• The defendant had sexual intercourse with their husband or wife, and they were also  not willing to have sexual intercourse
• The defendant did this through aggression, menacing, deceit or peril
• The victim and defendant were conjugal at the time

Punishments for CPC 262

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the individual’s criminal history, and whether the rape victim  suffered any physical injuries.

When found guilty of Spousal Rape, it is usually filed as felony, which is punishable by 3,6/8 years in prison, up to ten thousand dollars in fines, a formal probation, and the possibility of registering  as a sex offender.

Legal Defenses for California Penal Code 262

A good lawyer can present many legal and valid defenses for Spousal Rape charges under California Penal Code 262  to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Spousal Rape. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Spousal Rape.

Learn more about other California Section Penal Codes here