What Is Marital Rape or Spousal Rape, and How Does It Fall into the Sexual Assault Category?

Marital rape is a serious charge that carries significant legal implications. A false accusation can cost someone their freedom, financial stability and even contact with their children.

What Is Martial Rape?

Marital or spousal rape is a non-consensual sexual assault perpetrated by one spouse onto another. It encompasses forcing, manipulating or taking advantage of an unconscious spouse to engage in non-consensual sexual intercourse.

Even within marriage, it is essential to have a mutual agreement between both spouses before engaging in sexual contact. However, this has only recently become a law instead of just a moral imperative. Marital rape was legal in every state as late as the 1970s. While marital rape became a crime in the U.S. in 1993, it’s still regulated on a state level instead of at a federal level. Because of this, many states have exemptions in place that can protect the husband in particular, where simply agreeing to go to therapy or failing to prove force can mitigate criminal charges.

Arizona, however, has strict laws about marital rape. The state explicitly says in the letter of the law that no one should be exempt from sexual crimes based on their marital status, allowing spousal rape victims the same protections as other sexual assault victims.

What Are the Legal Penalties for Marital Rape?

Like sexual assault, marital rape is a Class 2 felony , resulting in a five to 14-year sentence for first offenders and increasing depending on outside factors. For example, if there was intentional bodily harm, the convicted individual can face up to 25 years in prison. Defendants with repeated offenses of marital rape may be subjected to an increased sentencing range of 14 to 28 years with a presumptive term of 15.75 years in prison. 

Divorce isn’t a part of the charge. Whether the couple decides to stay together or separate after court proceedings is entirely a personal matter.

What You Can Do If You've Been Accused of Marital Rape by Your Spouse

Marital rape has long-lasting, severe criminal penalties. Individuals convicted of the offense – even if falsely accused – can face imprisonment, fines, probation, mandatory counseling and registration as a sex offender. Even worse, once you’re added to the sex offender registry, you may even be prohibited from contacting anyone younger than 18 (more likely for people who committed sex offenses against minors), which includes your own children.

If you’re facing a marital rape allegation, you should strongly consider hiring an experienced sexual defense lawyer as soon as possible. Your criminal defense lawyer will help guide you through the tricky legal process ahead while ensuring that your rights are always being properly defended.

You can assist your Arizona spousal rape lawyer in bolstering your case by:

Gathering Evidence

Preserve and collect any evidence that may support your defense, such as text messages, emails or witnesses who can testify to the consensual nature of your relationship. However, to prevent saying something that can be used against you in court, only talk with your spouse when your legal counsel is present.

Cooperating with Your Lawyer

Having honest and open communication with your lawyer and providing them with all relevant information will help them defend you to the best of their ability. Nothing you say to them can be used against you – they will only use what you discuss to build a strong defense strategy tailored to your case.

Following Legal Proceedings

Attend all court hearings and cooperate with the legal process while keeping your emotions in check. This will be difficult, especially considering the stress you’ve had to endure and what you risk losing if convicted. Maintaining a calm demeanor helps to protect you against the prosecution’s mischaracterization of who you are.

Get In Contact with a Skilled Phoenix Sex Crimes Lawyer Who Can Give You the Defense You Deserve

Have you been accused of marital rape? If you need experienced representation that can defend your rights and reputation, the Law Office of Michael Alarid III can assist. We have a record of not-guilty verdicts and sentence reductions for our clients and will aggressively pursue a successful outcome in your case. Review your case’s details with a professional sexual assault defense lawyer by calling (602) 818-3110 or by scheduling a free case consultation.