Top 10 Blog Posts Avvo choice awards

Marital Rape: A Simple Misunderstanding & Sex Offender Registration

Posted on by

At one time, it was thought that sexual assault that happened within the confines of a marriage was not a crime. Attitudes have since changed, which is why Texas now recognizes marital rape to be criminal conduct. It is punishable in the same manner as rape that occurs outside of marital confines is, and happens whenever an individual forcibly penetrate a spouse against his or her will.

Inability to Consent

In some instances, a victim may be unable to consent to sex, in which case husbands and wives can be found guilty of sexual assault against a spouse. A few of these instances include:

  • Unaware of surroundings due to extensive drug or alcohol use
  • Individual is unconscious or in a coma
  • Mental illness or disability makes it impossible for the spouse to consent

You could be charged with raping your spouse if you force penetration in any manner, whether vaginal, anal or oral. A defendant may be charged with sexual assault for unwanted acts, even if a spouse has consented to similar ones in the past. Although most instances of marital rape are committed by men, wives can also be guilty of sexual assault against their husbands as well.

Statutory Rape Exception

Marriage can be a defense to statutory rape charges. If a teenager willingly has sexual relations with his or her spouse, no charges can be brought, even if the partner is an adult. The statutory rape exception applies only to consensual sex, so a perpetrator who forces an underage spouse to commit an act can be charged with marital rape as a result.

Wife Rape Consequences

Since marital rape is considered to be in the same category as “stranger rape”, it is punished as the same crime. As such, it is a second-degree felony that can include:

  • Between two and 20 years in prison
  • Monetary fine of up to $10,000
  • Registration as a sex offender
  • Mandatory sex offender and/or violent offender counseling

If sexual assault is performed with intent to murder a spouse, it can then be punished as a first-degree felony. In that instance, you could face a life sentence in jail in addition to a fine of up to $10,000.

Punishing marital rape offenders becomes especially difficult given the fact that they may live with their victims. As a result, those who are charged with raping a spouse are less likely to receive probation or house arrest in lieu of jail time, since there is an increased risk of a repeat offense occurring. If you have been accused of this crime, your best bet would be to contact a criminal defense attorney immediately.

Spousal Rape Defense

In the heat of the moment, it’s easy to take things a little too far and get accused of committing marital rape. Fortunately for you there are defenses to prevent you from going to prison. Let Brett A. Podolsky manage your case. Just call 713.227.0087 today.

Discuss your case

Enter code below: captcha

FREE EBOOK

Download Our Free Ebook Today

The New, Free Ebook From the Law Office of Brett A. Podolsky
Address

Law Office of Brett A. Podolsky
917 Franklin St. Ste 510
Houston, TX 77002