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Affirmative consent is currently a hot topic in the news. In the legal world, this has led to more sexual assault cases, which includes marital rape cases. While sexual assault isn’t a new concept, marital rape (also known as spousal rape) has only been recognized as a crime since the early 1990s.
Until that time, husbands and wives had no recourse if they were forced against their will to perform sexual acts by their spouse. That the couple was married was a defense to an accusation of sexual assault committed by one spouse against another. That protected the accused spouse against any legal action. That is no longer the case. Instead, marital rape is prosecuted in the same aggressive manner as any other sexual assault case.
If you or a loved one is being accused of marital rape, you need a qualified lawyer on your side. With steep penalties and life-altering consequences, you don’t want to face these charges alone. When you work with Schiffer Law Firm, you will not only get experienced legal help, you’ll also get a compassionate team who will help you get through these hard times. We know your rights and will fight for them from start to finish.
In Texas, there is no specific statute making spousal rape a crime. Instead, it’s prosecuted under the current sexual assault laws. The only distinction made is in the name of the specific act due to the nature of the relationship between the accused and the victim.
One of the most common charges associated with spousal rape cases is simple sexual assault. Falling under Section 22.011 of the Texas Penal Code, a spouse can be charged with simple sexual assault if he or she knowingly and intentionally penetrates his or her spouse’s sexual organ, anus, or mouth with the accused’s sex organ without the victim’s consent. This statue also covers causing the spouse’s sex organ to come into contact with the accused’s sex organ, mouth, or anus without the spouse’s consent.
Another common charge that spouses may face in marital rape cases is aggravated sexual assault. Covered under section 22.021 of the Texas Penal Code, aggravated sexual assault is committing sexual assault as outlined above while also causing bodily injury to or attempting to kill the victim. It can be considered aggravated sexual assault if the accused spouse:
– used a deadly weapon in the attack;
– gave the victim a date rape drug;
– made the victim fear injury, death, or kidnapping; or
– threatened bodily harm, death, or kidnapping;
A spouse can also be accused of aggravated sexual assault as marital rape if their spouse is younger than 14 years of age, over the age of 65, or legally disabled.
Just as with any other charge, the prosecution has to prove its case beyond a reasonable doubt. They must be able to prove through evidence and witness testimonies that the crime actually took place and that the accused was the perpetrator.
In sexual assault cases of any kind, a prosecutor has to prove that there was no consent for the sexual acts in question. With spousal rape cases, this can make the prosecution’s job harder, since sexual activity between marital partners is expected. This expectation can make it difficult to determine where consent begins and ends.
When cases like this come up, it’s usually classified as intimate partner violence. This classification covers marital rape and general physical abuse since it’s likely for these two specific forms of abuse to go hand-in-hand. These relationships are often complicated since they deal with a married couple who have shared lives together, and there is less chance that there are third-party witnesses to the alleged assault. It’s essentially one spouse’s word against the other’s, creating a problem for many prosecutors.
Another issue that sometimes comes into play in marital rape cases is the statute of limitations for this charge. There is a time limit set by the state that dictates how long the victim and a prosecutor have to file sexual assault charges against the accused through the proper channels.
In general, the statute of limitations for spousal rape depends on the specifics of the crime, including the age of the victim. In most cases, marital rape is given a 10-year statute of limitations. This means that a victim can wait to accuse his or her spouse of sexual assault as long as the charges are filed within 10 years after the alleged offense.
While this may mean that the victims are able to take their time and build the courage to make the accusation, it actually makes the prosecutor’s job harder. When victims wait to file charges there is likely no police report, no timely investigation into the claim, and no DNA evidence to link anyone to the sexual assault, especially the accused spouse. A good defense attorney can help you prove your innocence of the claims being made against you in these cases.
If you are convicted of marital rape in Texas, you’ll face the same penalties meted out to those convicted of simple sexual assault or aggravated sexual assault. While your marital relationship to the alleged victim might make the case more difficult to prove, that relationship has no bearing on the possible punishment.
A simple sexual assault conviction is a second-degree felony. It carries a prison sentence of between two and 20 years and fines up to $10,000. Aggravated sexual assault, however, is a first-degree felony, with a range of punishment of five to 99 years in a prison sentence, and fines up to $10,000.
When you’re convicted of any crime, the consequences will continue even after you serve your sentence. This is doubly true when convicted of a sexual assault, including marital rape.
Having a felony conviction on your record can impact where you live, work, and socialize. Your criminal record will come up on background checks and will be a matter of public record. It can also impact what you’re able to do in your everyday life.
Sexual assault of any kind is a reportable offense in Texas. That means that when you are released from prison, you’ll have to register as a sex offender. This is a lifetime registration, and you’ll have to re-register every year. When you’re registered as a sex offender, your name, photograph, address, and employment information are kept in a public database that anyone can find by doing a quick search. That can lead to problems getting a job and renting property, but it can also change the way society looks at you and treats you.
Some of the ramifications you face after a marital rape conviction are:
Because of the specifics for marital rape, you may also be legally prohibited from contacting your spouse in any way. The crime may also give your spouse a legal cause for a divorce which will end your marriage officially. If you have children, it will undoubtedly have an impact on them and your relationship with them.
As long as you have an experienced defense attorney who has tried sexual assault cases before, there are ways to defend you against a marital rape charge. A good defense team can create a solid defense to help you clear your name and preserve your freedom.
In some cases, a defense attorney could argue that you had a reasonable belief that you had your spouse’s consent for the sexual activity in question-based on your relationship and your previous sexual activity in the marriage. For example, if your spouse would typically play coy in the bedroom, you might have been under the impression that this instance was the same as the previous ones. This same logic can also be used when it comes to DNA evidence. As a married couple, your DNA being present on or near your spouse wouldn’t be surprising and a defense team knows how to use this to properly form a defense.
A defense attorney can also point out inconsistencies in witness testimony from your spouse. Many times, marital rape cases come up because the spouse is trying to get back at the other for a wrongdoing. For example, if the marriage is failing and you are caught cheating, your spouse might look to seek revenge by accusing you of rape even though it didn’t happen. When something like this happens, pointing out holes in the alleged victim’s story or having evidence that his or her motives are tainted can be possible for a seasoned attorney with experience in sexual assault cases.
You should never fight such a serious charge as marital rape alone. If you or someone you love is being accused of this crime, call our firm immediately. Our sex crimes team has over 45 years of combined defense experience, and has successfully defended marital rape cases before. We know what it takes to protect your rights.
It is also important that you have a defense attorney who will treat you with respect despite the charges against you. At the Schiffer Law Firm, you will be welcomed openly and treated with dignity from the moment you contact us. We know that these are difficult times, and we will handle your case sensitively to make sure that you get through the process with the best possible result. Don’t wait any longer. The sooner you get in touch with us, the sooner we can begin to build your defense.
That’s a great question, but you won’t find the answer here. While there is nothing inherently secret about a great defense, some attorneys are simply better prepared, more creative, and more experienced than others. It’s that combination that makes our sex crimes defense team so successful in defending these cases. A professional sports team, or an army preparing for battle, doesn’t disclose its strategy to the opposition. It is only through a confidential, in-person, meeting with our attorneys, where your information is protected by the attorney-client privilege and away from any prying wire taps or snooping law enforcement investigators, that we will discuss potential strategies that are tailored specifically for you.
Call today to set up a confidential in-office or virtual meeting.
The first thing you need to do is accept the situation. You have been charged with a crime, and yes, this is really happening. Having worked with thousands of clients throughout our attorneys’ careers, we understand thoroughly the storm of emotions that you may be feeling right now. Accepting the situation you are in will allow you to make rational decisions moving forward.
Now that you’ve accepted the reality of your situation, it is imperative that you maintain a clear head and stay in control of your emotions. In far too many situations, we see clients betrayed by their emotions which negatively impacts their own defense. Panic, anxiety, and second-guessing everything is the soil where bad legal strategy and decision making grows.
If you find yourself stressing about your situation, do what you can to calm yourself down. If you find that you need to talk with someone, please call us. We’ll discuss what’s going on and help you get a clear picture of your situation.
