The legal consequences of marital rape in California

You can be arrested for marital rape in California. The state treats all forms of rape, including those that occur within a marriage, as serious crimes. The law makes no distinction between rape committed by a spouse and rape committed by someone else.

California’s legal stance on marital rape

Under California Penal Code Section 262, marital rape is illegal and carries the same penalties as other forms of rape. This law clearly states that being married to the injured party does not excuse or justify the crime. 

Consent must be ongoing and freely given, regardless of the marital relationship. If a spouse forces sexual activity without the other’s consent, it is considered rape under the law, and you could be charged.

Consequences of marital rape

Being convicted of marital rape in California can result in severe legal consequences. Penalties include imprisonment, mandatory registration as a sex offender, and a permanent criminal record. The length of the prison sentence can vary, depending on the circumstances of the case.

Reporting and prosecution

Those injured by marital rape can report the crime to law enforcement. The police will investigate the claim, and the case will be prosecuted if they determine there is enough evidence. It is important to note that marital rape cases can be complex, and proving a lack of consent within a marriage may require careful investigation. Working with an attorney can help you prepare your defense and determine the best course of action.

Marital rape is a serious crime in California, and the law ensures that marriage does not protect an offender from arrest and prosecution. Knowing your rights and the legal protections available is crucial if you find yourself charged with such a crime.