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.
Spousal Rape: California PC 262
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:
- Intercourse is committed by force, threats or violence.
- Intercourse is committed when the victim is intoxicated.
- Intercourse is committed when the victim is unconscious of the nature of the act. At the time of the act the spouse was asleep; was not aware, that the act occurred or was not aware of the essential characteristics of the act due to the perpetrator’s fraud in fact.
- The perpetrator threatened of future harm against the victim or any other person if the victim did not consent.
- The victim agreed under the threat of deportation or arrest and reasonably believed that the perpetrator is a public official.
Elements of Spousal Rape Crimes Under California PC 262
Prosecutor must establish the following elements to convict a defendant under California Penal Code Section 262.
- Defendant engaged in an act of intercourse with a person to whom he was married.
- Defendant engaged in an act of intercourse without the consent of the spouse.
- The intercourse was accomplished by one of the above described means.
Legal defenses to California PC Section 262 Charges
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Consent
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.
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False Accusations
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.
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Lack of Evidence
It should be enough to acquit the defendant in case the charge consists exclusively of a spouse accusing the other without any additional evidence.
Penalties for Violating California PC Section 262
Under California PC Section 262 crime of spousal rape is a felony, with the following possible penalties:
- Felony probation. As of January 1, 2017, this is no longer available for the rape of an unconscious or intoxicated spouse or forcible spousal rape.
- Three, six, or eight years in California State Prison.
- In case the defendant inflicted a great bodily injury on the spouse he can receive an additional three to five years in California State Prison.
- A Fine up to $10,000.
- A lifetime requirement to register as a sex offender in case the intercourse via physical force pursuant to California PC Section 290.
- As a sex offender, the defendant will have to have a GPS to monitor his location and he will not be able to be near from being within 2000 feet of a playground, school, or park.
The Importance of Seeking Legal Counsel
If you have been a victim of spousal rape, seeking legal counsel is crucial. An experienced attorney can:
- Explain Your Rights: Help you understand your rights under California law and navigate the legal process.
- Gather Evidence: Assist in collecting evidence, such as medical records, witness statements, and electronic communications.
- File a Police Report: Guide you through the process of filing a police report and advocating for your interests.
- Represent You in Court: Provide aggressive and compassionate representation in court, protecting your rights and seeking justice.
- Obtain a Restraining Order: Help you obtain a restraining order to protect yourself from further harm.
- Advocate for Your Safety: Connect you with resources and support services to ensure your safety and well-being.
The Emotional and Psychological Impact
Spousal rape can have devastating emotional and psychological consequences, including:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Difficulty trusting others
- Feelings of shame and guilt
- Relationship difficulties
Seeking therapy and counseling is essential for victims to heal from the trauma of spousal rape.
Taking Action: Reporting 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:
- Seek Medical Attention: If you have physical injuries, seek medical attention immediately. Medical professionals can also document any physical evidence of assault.
- Preserve Evidence: Avoid showering, bathing, or changing clothes before seeking medical attention or reporting the crime.
- Contact Law Enforcement: Contact your local law enforcement agency to file a police report.
- Seek Legal Counsel: Contact an experienced attorney who specializes in sexual assault cases.
KAASS LAW: Your Advocate in Difficult Times
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.