Does California Have Spousal Rape Law?
Yes. Forcing your spouse to engage in non-consensual sexual intercourse is defined as both rape and domestic abuse, classifying it as a serious felony. If an individual rapes their wife or husband, they will be subject to Penal Code 261 PC for rape (like all other rape cases) and other California Penal Codes based on how it is classified under domestic violence.
Examples of spousal rape include the victim being incapable of consenting due to intoxication, or being forced to engage in sexual activity through violence and threats.
Possible Defences of Spousal Rape
Innocent individuals can be falsely accused of spousal rape. If this occurs, it is in their best interest to seek counsel from an experienced attorney in order to defend their rights. These false accusations could occur because of a misunderstanding, or motivated by revenge or divorce.
Competent attorneys can bring up several defences against unjust accusations of marital rape which include: there is insufficient evidence to prove rape has occurred between two spouses, or the attorney could prove that the accuser had actually consented to sexual intercourse. Overall, the attorney may generally seek to prove that the accusations are simply false and not based on any veracity under the law.
Penalties of Conviction
Given that convictions are based on California Penal Code 261 PC, spousal rape faces the same conviction as rape with a stranger. This carries serious punishment for the crime. The law mandates either three, six, or eight years in a state prison. Furthermore, the court may require the convicted offender to register as a sex offender in the state of California.