Spousal rape is a serious criminal offense in California, defined as non-consensual sexual intercourse between spouses. Unlike some historical legal frameworks that have exempted spouses from rape charges, California law now explicitly recognizes that marriage does not grant automatic consent to sexual activity. Spousal rape is governed by California Penal Code § 262.
San Diego Attorney for Charges Involving Spousal Rape
If you have been accused of spousal rape, you are likely feeling confused, scared, and threated. There is a very real possibility that you have already been let go from your job, that your friends have turned against you, and that law enforcement is convinced that you have committed a heinous act. If that is the case, then you need someone by your side who will defend your reputation and your freedom as a California citizen.
You are guaranteed the right to a free trial and to strong representation, which is what we provide at the Law Offices of Michael E. Cindrich.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving serious sex-related crimes. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Spousal Rape in California
- Spousal Rape under California Law
- Statute of Limitations for Spousal Rape
- Key Elements of a Spousal Rape Case
- Penalties for Spousal Rape in California
- Mandatory Sex Offender Registration
- Additional Resources
- Hire an Attorney for Charges Involving Spousal Rape in San Diego County, CA
Spousal Rape under California Law
California Penal Code § 262 defines spousal rape as sexual intercourse with a spouse accomplished under unlawful circumstances. These circumstances can include:
Lack of Consent – Any sexual partner is allowed to refuse consent at any time, including married partners. If the consent of the married partner was withdrawn or if the partner was unable to consent or refuse consent, then the acting partner is guilty of spousal rape.
Use of Force or Threats – Similarly, consent must be able to be freely withdrawn or refused. Spousal rape may involve physical force, intimidation, or threats of harm to compel the victim to engage in sexual intercourse, which does not meet the state’s requirement that consent be a free, unequivocable affirmation.
Incapacitation of the Victim – If the victim is unable to consent due to intoxication, unconsciousness, or other incapacitating conditions like drugs, then the penetrative act between spouses would be considered rape.
Marriage does not exempt individuals from being held accountable for these actions, and the law treats spousal rape as seriously as non-spousal rape.
Statute of Limitations for Spousal Rape
California law allows victims of spousal rape to report spousal rape at any time, regardless of the statute of limitations, so long as it can be corroborated with DNA evidence. This law is codified in Penal Code 799(b)(1) PC, and was introduced in 2016 under the Justice for Victims Act. The act eliminated the statute of limitations for several sex crimes, including rape and spousal rape.
Key Elements of a Spousal Rape Case
To secure a conviction for spousal rape, the prosecution must prove the following elements beyond a reasonable doubt:
- Sexual Intercourse Occurred: Rape refers explicitly to the act of penetration between to people. The prosecution must prove beyond a reasonable doubt that this act of penetration occurred. This proof usually takes the form of DNA evidence, or injuries to the victim.
- Unlawful Circumstances: The act must have been accomplished through force, fear, incapacitation, or fraud.
- Lack of Consent: The victim did not affirmatively agree to the sexual act.
- Relationship: The victim and the accused were legally married at the time of the offense.
Penalties for Spousal Rape in California
Spousal rape is sentenced in the same manner as general rape. Sentencing is exacerbated by the use of force or other aggravating factors.
Spousal rape is inherently punished as a felony, and carries the following penalties:
- 3, 6, or 8 years in state prison.
- Fines up to $10,000.
- Mandatory registration as a sex offender under California Penal Code § 290.
Aggravating Factors
If any of the following factors are present in a spousal rape case, then the judge may extend or expand the penalties under Penal Code 262.
- Use of a Weapon
- Injury to the Victim
- Multiple Victims – If multiple victims are involved, then the offender will be required to serve consecutive sentences for each victim.
In some cases, the court may impose probation along with mandatory counseling or participation in treatment programs for offenders.
In addition, the state realizes that victims of spousal rape often face challenges in reporting the crime, such as a fear of retaliation or further violence, emotional or financial dependence on the offender, and a social stigma and disbelief from law enforcement or the community.
As a result, accusations of spousal rape often come with a no-contact order being placed on the defendant, which can serves to further solidify the court’s opinion that the defendant is guilty.
Additional Resources
RAINN Policy Crimes – This document goes over the prosecution schedules for various sexual crimes under California Law, and provides the statutes of limitation for each respective crime. If you have been accused of a sexual crime, or are a victim of a sexual crime, this document may be a good place to start.
Center for Community Solutions – If you have been sexually assaulted, then the Center of Community Solutions, San Diego’s rape crisis center, should be one of the first places to visit. The center provides counseling and shelter, which is especially important for victims of spousal rape who may have nowhere to go.
Hire an Attorney for Charges Involving Spousal Rape in San Diego County, CA
You are guaranteed the right to a free trial and to strong representation, which is what we provide at the Law Offices of Michael E. Cindrich.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving serious sex-related crimes. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.