California Marital Rape Laws

As the pandemic continues to disrupt all our lives, the number of cases of domestic violence and sexual assault among couples continues to grow. It is important to understand that sexual assault and rape are crimes, even if you are married. California (and every other state) has marital rape laws that make it a crime for spouses who sexually assault or rape their partner.

If your spouse is accusing you of sexual assault or rape, you should contact an attorney immediately.
 

Proving Non-Consent

In order for a prosecutor to convict you of marital rape or sexual assault against your spouse, they will need to prove that your husband or wife did not consent to sexual activity.

Proving rape by a spouse can often be difficult because married couples usually have consensual sex, so it can take evidence of marital discord or separation to show that the sexual activity was not nonconsensual.

Penalties For Marital Rape Convictions

The penalties for being convicted of sexually assaulting or raping your spouse vary depending on the circumstances of the case, but are severe no matter what.

Because there are several degrees of sexual assault the penalties can range from fines of a few thousand dollars and a couple of years in jail all the way up to life in prison and tens of thousands of dollars in fines and/or restitution.
 

Defending Against Marital Rape Charges

Each marital rape and sexual assault case is completely different, and thus it is important to work with an experienced criminal defense attorney if you’ve been charged with this type of crime.

At Quinnan Law, we have extensive experience defending clients from charges of sexual assault at all levels. To request a free phone consultation to review your case, please contact us today.