Sec 262 of the California Penal Code defines the crime of marital or spousal rape as a man or a woman engaging in an act of non-consensual sexual intercourse with their spouse. The following are the elements of the crime of marital or spousal rape:
1) A male and a female engaged in sexual intercourse;
2) The individuals were married to one another;
3) The said act of intercourse was against the will of the victim spouse;
4) The said act was accomplished by means of force or fear or the said act occurred when the victim has vitiated consent either due to intoxication or being unconscious;
Marital or spousal rape is a felony offense. The penalties imposable include:
• formal probation;
• prison time between three, six or eight years in state prison and can be increased by three to five years if there was great bodily injury upon the spouse or even to a life sentence if there were multiple sex crimes or being the third strike;
• payment of fines up to $10,000;
• registry requirements under Sec 290 of the California Penal Code;
The crime of marital rape is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
