Marriage is for trust, intimacy, and mutual respect and understanding. Sadly, that may not always be true. This sacred bond can be violated and compromised by the very same person meant to protect and cherish their partner. Spousal rape, also known as marital rape, is a dark reality, and California see this as a serious crime under Penal Code Section 262. There are plenty of misconceptions that surround this issue, often leading victims feeling isolated, ashamed, and unsure of their legal options. Here at KAASS LAW, we believe in providing a safeguard for our clients. We can help and give legal guidance to anyone who is a victim to this traumatic violation. The following will aim to shed light on CA's spousal rape laws, and offer solution to empower victims that are seeking justice.
According to California Penal Code Section 262 spousal rape is defined as having sexual intercourse with spouse when one of the following situations is true:
Prosecutor must establish the following elements to convict a defendant under California Penal Code Section 262.
One of the most obvious defenses is the consent of the spouse since the parties were married. In case the defendant's spouse actually gave the consent to the sexual act, then marital rape did not occur. In case the spouse initially gave the consent but then changed her or his or mind the defendant may not be convicted unless the victim clearly communicated that she or he wanted the act to stop.
Many married couples don’t like each other but remain married for different reasons or may even have started the divorce process when the false accusation of rape was made. False accusations can be based on a desire for custody of the children, revenge for infidelity, or anger directed towards the spouse for many reasons. This can be a valid defense in case there is no evidence of physical violence and no other corroborating evidence is present to accuse the defendant of spousal rape.
It should be enough to acquit the defendant in case the charge consists exclusively of a spouse accusing the other without any additional evidence.
Under California PC Section 262 crime of spousal rape is a felony, with the following possible penalties:
If you have been a victim of spousal rape, seeking legal counsel is crucial. An experienced attorney can:
Spousal rape can have devastating emotional and psychological consequences, including:
Seeking therapy and counseling is essential for victims to heal from the trauma of spousal rape.
Reporting spousal rape can be a difficult decision, but it is a crucial step toward seeking justice and healing. Here are some steps you can take:
At KAASS LAW, we understand the sensitive nature of spousal rape cases. We commit and can provide compassionate and effective legal representation to victims of sexual assault. We believe that everyone deserves justice, and we will fight tirelessly to protect your rights. If you or someone you know has been a victim of spousal rape, please contact us for a confidential consultation. We are here to help you navigate this challenging time and seek the justice you deserve. Additionally, if you are victim of statutory rape, we can also help.
California Penal Code Section 261 defines the crime of "rape" as sexual intercourse that is nonconsensual, because it’s achieved by means of threat, force or fraud threats. The following facts must be established in order to prove that the defendant is guilty of rape:
Sexual intercourse for rape purposes is any penetration regardless of how slight it’s. The sexual intercourse can be either against the person's will, or without that person's consent. In the case of rape intercourse is defined very broadly. Even if the defendant initiated sexual act with someone against their will and after that regretted and terminated the act that still considers as rape.
Consent is a positive cooperation in an act meaning that one acts freely and voluntarily. Consenting to sexual act means doing so willingly with realizing the nature of the sexual act. The prosecutor must prove beyond a reasonable doubt that the victim did not give the consent to the sexual intercourse
A few legal defenses to California Penal Code 261.5 statutory rape include the following:
Reasonable Mistake as to Consent
The defendant cannot be found guilty of rape if he reasonably and honestly believed that the victim was a consensual and willing participant and gave the approval of sexual intercourse. In case the victim was asleep, unconscious, mentally disabled or intoxicated at the time of the sexual act, then this defense can’t be used.
Insufficient evidence
There may be no physical evidence to confirm the rape charges in case the victim doesn't seek medical care. Likewise, if there were no witnesses, the rape case may only be based on victim’s statements. In situations like this, the legal defense of insufficient evidence may be applicable. There are always difficulties with proving rape charges when the only evidence is the unconfirmed statements of the accuser.
False accusations
Very often, people are wrongly accused of sex crimes. Sometimes, one can accuse another of rape to exert revenge or purely out of jealousy. An individual can also falsely accuse the spouse in order to get a divorce or child custody.
Under California Law rape is considered a felony offense. Possible punishment for this crime:
In case the victim sustains great bodily injury the defendant will face additional three to five years in prison. The punishment increases from 7 to 11 years if the victim is less than 18 years of age. If the victim is under 14, the imprisonment can increase from 9 to 13 years. In most California rape convictions the defendant will also be required to register as a sex offender for a lifetime pursuant.
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!