Spousal Rape

Spousal rape, in California, is a severe sex crime that will result in a felony charge, punishable by three, six or eight years in state prison. An individual who suffers a spousal rape conviction must also register as a sex offender, in accordance with California Penal Code 290, and may be required to pay up to $1,000 to a battered women’s shelter and to reimburse his or her spouse for any reasonable costs of counseling or other services that the court determines were incurred as a result of the defendant’s offense. It should be noted that community property may not be used to pay these costs until all of the defendant’s separate property has been used. In order to best avoid these devastating and life-altering penalties, it is vital that the accused hires a criminal defense lawyer who has mastered this unique area of the law. The outstanding criminal attorneys at The Kavinoky Law Firm have done just that. They excel in California sex crime defense and are well-qualified to provide their clients with unsurpassed representation and the most comprehensive defenses available. Their thorough understanding of this complex field of law provides their clients with a tremendous advantage over other lawyers, which is clearly reflected in and exemplified by their exceptional results.

Spousal rape can be charged under a number of circumstances. It may be charged if it was accomplished against the spouse’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the spouse or another. It may be charged if the spouse was prevented from resisting due to intoxication and this condition was known, or reasonably should have been known, by the accused. It may be charged if the spouse was unaware or unconscious of the nature of the act, and this was known to the accused. It may be charged if the accused threatened to kidnap, falsely imprison, seriously injure or kill the spouse or any other person, and there was a reasonable possibility that the accused could have executed the threat. It may be charged if the accused threatened to use the authority of a public official to incarcerate, arrest, or deport the spouse or another, and the spouse had a reasonable belief that the accused was a public official, regardless of whether or not the accused was, in fact, a public official. It should be noted that attempted spousal rape will also be prosecuted as a felony if the accused intended to rape his or her spouse, but due to some intervening circumstance (which is typically that the spouse was able to successfully resist or fight off the accused), he or she was not able to commit the actual offense.

Consent is the most commonly argued defense to this crime. Although consent will not be inferred from the fact that the couple was involved in an ongoing sexual relationship, it can be used as a defense if the accused can show that the spouse consented to the intercourse, and has subsequently filed a false allegation out of revenge, anger or jealousy. Insufficient evidence, which includes a lack of witnesses or physical evidence, can also be raised as a defense under appropriate circumstances by a seasoned sex crime defense attorney.

Spousal rape is a serious crime that has serious repercussions. To properly defend against it, the accused needs an attorney who knows how to conduct an effective witness interview and examination, who knows how to recognize all of the evidentiary issues that could lead to suppressed evidence or an early dismissal of the case, and who understands how to successfully communicate all applicable defenses to the judge and jury. The unparalleled attorneys at The Kavinoky Law Firm know what it takes to win, and they give 110% to each client in an effort to provide the best defense possible. To secure outstanding representation from attorneys known for their exceptional legal advice, contact The Kavinoky Law Firm today for a free consultation.