Rape is defined as being any form of nonconsensual sexual intercourse. This does include when you are married. Unfortunately, until the year 1975, there was a “marital exemption” in every single US state. It allowed husbands to rape their wives without legal consequences. Fortunately, this changed and every single state has laws protecting against marital rape, which is now officially one of the sex crimes people can be prosecuted for.
The only exemption to marital law rape laws is statutory rape, which happens when adults have sex with minors. In the event that one of the spouses is an adult and the other one is a minor, if they live in states with the exemption, the adult does not have a problem when consensual sex happens.
Different Laws Exist
Although all states recognize marital rape as being a sex crime and it is charged exactly as rape between strangers is charged, there are some differences in two states.
The first state is South Carolina, where spousal battery prosecution (basically, rape) cannot proceed unless there was a report filed to law enforcement, which should happen in one month after the event. Also, in Virginia, personal or marital counseling is available during and after court proceedings, but only in some circumstances.
Non-Consent
The big problem with marital rape is that this is very difficult to prove. The big difficulty is proving that consent was not given. When dealing with stranger rape, this is quite straightforward. With married couples, they do have consensual sex. As a result, extra proof is needed, like marital discord proof or some sort of evidence proving separation. An attorney can help find more proof when needed.
Penalties
Marital rape is usually penalized just like all other rape cases. This can include fines and jail time. Prison terms can vary a lot between years and life without the possibility of parole. In US states, applicable punishment can vary based on crime circumstances and severity.
In some US states, special penalties exist when someone is convicted of having raped their spouse. As an example, in the state of Virginia, prison time and fines can be waived when a specific court-approved program for counseling is successfully completed. But, this is only an option that becomes available when the victim will agree to it. Also, it can only be used one time. In some situations, this could lead to reconciliation but lesser penalties can also become available. Something like this is not possible with rapes conducted by strangers.
Look For Lawyers
Whenever faced with marital rape charges, very harsh fines and even long prison time sentences are possible. All courts will treat the marital rape charge exactly as all other rape charges. You cannot use marital ties as being a defense in such a case. As a result, whenever charged with marital rape, it is vital to look for a sex crimes attorney that would be able to defend you in court. It is close to impossible to protect yourself alone when faced with such serious legal charges.
