Marital Rape Laws
In the state of California, it is considered a serious crime to commit the act of rape against one’s spouse. These cases are handed similarly to non-spousal rape cases, with the additional factor that they also fall under the umbrella of domestic violence. Thus, if convicted of marital rape, an individual could face punishments for both rape and domestic violence. Such a conviction can have significant and long-term consequences, possibly including probation, up to eleven years in prison, up to $10,000 in fines, and being registered for life as a sex offender.
If you or someone you know has been accused of marital rape, contact the qualified San Jose criminal defense lawyers at the Law Office of Daniel Jensen, P.C. at (408) 296-4100.
What the Prosecutor Must Prove
If you are going to trial on charges of spousal rape, the prosecutor must prove the following things:
- That sexual intercourse or activity occurred between you and another person
- That you and the plaintiff were married at the time of the incident
- That the act took place against the will of your spouse
- That you used force or fear to coerce your spouse into a sexual activity, or that he or she was unable to consent due to extenuating circumstances
Marital rape is a felony crime, and anyone facing these charges should have a qualified attorney working to protect their rights.
If you have been accused of or charged with marital rape, contact the San Jose criminal defense attorneys at the Law Office of Daniel Jensen, P.C. by calling (408) 296-4100 today.