Spousal Rape Attorney

Spousal rape is a very serious charge that can have devastating and long lasting consequences.  Though spousal rape is a separate offense than rape, the severity of the crimes and their punishments are essentially the same in California.  Spousal rape includes a variety of manners of rape, including rape by coercion, rape by threat and rape when the victim is incapable of consent.  It is a felony that can result in imprisonment in the state prison for three, six, or eight years and COUNTS AS A STRIKE.  Those convicted of raping a spouse are required to register as a sex offender.

"Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:

(1) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person of another.

(2) Where a person is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.

(3) Where a person is at the time unconscious of the of the nature of the act, and this is known to the accused.  As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.

(4) Where the act is accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.  As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.

(5) Where the act is accomplished against the victim's will be threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.  As used in this paragraph, "public official" means a person employed by a governmental agency who has the authority to, as part of that position, to incarcerate, arrest, or deport another.  The perpetrator does not actually have to be a public official."

In addition to the consequences that can result from a domestic violence conviction, spousal rape can result in sexual registration, and Megan's Law issues.  If you have been charged with spousal rape, or any domestic violence crime you need the experience and dedication of attorney Lance Jacot.  To contact The Jacot Law Firm 24 hours a day call toll free 888-823-4883.