Spousal Rape in California
by
Randy Collins on May. 04, 2012
Summary: Many individuals may not be aware, but having intercourse with someone you’re married to, against their will, is crime. In fact it’s a felony in the State of California, under penal code 262.
Many individuals may not be
aware, but having intercourse with someone you’re married to, against their
will, is crime. In fact it’s a felony in the State of California, under penal
code 262.
Fines go as high as three, six or eight years in prison, fees of up to ten thousand dollars, a formal probation, and a mandatory requirement to register as a lifetime sex offender – even though it’s intercourse with a spouse.
Let’s take a look at what spousal rape entails:
A spouse, husband or wife, has intercourse with the other, during the time of marriage, against their consent. Most importantly, this was achieved by either force, threat or aggression.
It is examined similarly to rape, as the other party:
1. Did not consent to sexual intercourse, regardless of conjugation
2. Had to succumb to the abuse of threat, force, or even bodily injury
This crime is filed under both rape laws in California, as well as domestic abuse or violence . This signifies that in addition to being charged with spousal rape, the offender is also subject to other fines, under related offenses.
Other names associated with Spousal Rape include marital rape, partner rape, intimate rape and other terms. Spousal rape can be further divided into:
Force rape – the partner uses physical violence during the act
Sadistic rape – where the partner acts out a fantasy to further insult the victim
Violent rape – this can involve the use of weaponry
Spousal rape wasn’t always regarded as a crime. It wasn’t until the late seventies that this act was fought by feminists to remove the exemption in sexual assault laws. Today, marital rape is a crime in at least fifty out of fifty five states, and in numerous countries around the world.
Legal defenses include that the offender was falsely accused, through the partner’s jealousy, anger or vindication.
If you are facing Spousal Rape charges for California Penal Code 262 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. We will partner with the best private detectives, forensic specialists and DNA experts to help prove your innocence. Call us today at (949) 250-6097.