Rape is a severe crime that involves unconsented sexual intercourse. You can be arrested and charged with spousal rape when you use force, violence, or threats to engage in sexual intercourse with your spouse. Regardless of the nature of your relationship with a person, every sexual act in California must have consented.

If the prosecution can prove that sexual intercourse happened and there was no consent from both parties, a conviction may be inevitable. Marital rape is charged as a felony under California Penal Code 262. A conviction for this offense will attract severe legal and collateral consequences. 

In addition to spending time in prison and paying hefty fines, the court will mandate that you register as a sex offender. Sex offender registration affects your personal and professional life by tainting your reputation. Sex crime laws in California are very complicated. Therefore, hiring and retaining a skilled criminal defense lawyer is critical. Your attorney will help protect your rights and build a solid defense against your charges.

Understanding Marital Rape in California

Spousal rape is non-consensual sexual activity with your spouse. Any person who forces, threatens, or manipulates their spouse to engage in sexual activity can be arrested and charged under California Penal Code 262. California law recognizes rape within a marriage and prosecutes PC 262 charges as harshly as rape involving strangers.

The main difference between spousal rape under PC 262 and rape under PC 261 is the alleged victim's identity. For marital rape, it must be clear that you are married to the person against whom you committed the act. The elements of PC 262 include:

  1. You Engaged in Sexual Intercourse with Another Person

The first element that must be clear to obtain a rape conviction is that you engaged in sexual intercourse. Other sexual acts that do not involve penetration cannot suffice as rape. Therefore, the prosecution must have sufficient evidence to prove the action occurred.

  1. The Alleged Victim is your Spouse

You are only guilty of spousal rape if you engage in intercourse with your spouse. Unconsented sexual intercourse with anyone other than your spouse will attract charges under California Penal Code 261.

  1. The Alleged Victim Did Not Consent

A sexual act is considered a crime when one of the parties involved does not give consent. Consent means that a person understands the act's nature and agrees to continue. There are several situations that the prosecution can use to indicate a lack of consent in your case:

  • You used force, threats of bodily harm, or violence to commit the act. If the prosecution can show that you used violence against the victim to coerce them into an act, you will be found guilty of spousal rape. You must understand that consent due to fear and threats cannot be recognized under this statute.
  • The victim was intoxicated or unconscious. A drunk or unconscious individual lacks the mental capacity to understand the nature of an act and consent to it. Therefore, having sexual intercourse with your spouse while they are under drug influence or unconscious constitutes spousal rape.

You must understand that a person has a right to withdraw their consent to sexual acts. However, specific requirements must be met to prove that the alleged victim withdrew their consent. If a person does any of the following in the middle of a sex act, continuing with the act is a violation of PC 262:

  • A person communicates their desire to stop the act verbally.
  • The alleged victim used actions to disapprove the act so that you would understand the withdrawal of consent.

Sentencing and Punishment Under California Penal Code 262

Spousal rape is a felony under California law. A conviction for this offense attracts a prison sentence of three, six, or eight years, depending on the circumstances of the crime. In addition to incarceration, the court may impose up to $10,000 in fines. You could face a harsher sentence if the following aggravating factors are present in your case:

  • You caused severe bodily injury to the alleged victim. You could receive an additional prison sentence if you used excessive force and caused damage to your spouse while committing spousal rape.
  • You used a firearm or another deadly weapon to threaten the victim. 
  • You are a repeat offender. California law is stringent on repeat offenders. Being a habitual sex offender indicates your disregard for the law and inability to rehabilitate. For this reason, you will suffer harsher penalties.

With one or more aggravating factors, your sentence will be increased to one to five years in state prison. If you face charges of marital rape, it is essential to have a skilled lawyer by your side.

Probation for Spousal Rape

In California, probation is used as an alternative to incarceration. After your conviction, the court can send you on formal probation. A probation sentence allows you to part of your prison sentence out of community service. Probation is not for all defendants facing a spousal rape conviction.

Your attorney will need to negotiate with the district attorney or prosecution for this reduced sentence. The court will accept your request for probation if you have no criminal history. Felony probation lasts for three to five years and could have the following conditions attached to the release:

  • Victim restitution. In case you cause injury to a victim, you must compensate them for their injuries as part of your probation.
  • Obey the restraining order. Since spousal rape is both a sex crime and domestic violence offense, the court may issue a protective order to protect your spouse. The order prevents you from contacting the victim of your crime.
  • Report to your probation officer. When you are sentenced to felony probation, the court appoints a probation officer to monitor your progress. You must report to this probation officer throughout your probation period.
  • Pay your fines. Part of your probation obligations is to cover fines and court costs associated with your case. 
  • Do not commit other crimes. Probation is a privilege. Therefore, if the prosecutor agrees to have you serve a probation sentence instead of prison time, you must avoid committing additional crimes.

Failure to follow through with your probation conditions may attract a probation revocation. If the court revokes your probation, you will face harsher conditions or return to prison to serve your original sentence or the maximum sentence acceptable for spousal rape. If you feel that probation is not suitable for you, you can opt to serve your complete prison sentence.

Sex Offender Registration after a PC 262 Conviction

The requirement to register as a sex offender is one of the most severe consequences of a sex crime conviction. Sex offender registration is not mandatory after a PC 262 conviction. However, the court may impose the punishment when aggravated circumstances are in your case.

The sex offender registry is a public record, and it allows members of the public to be careful in their interaction with you. Since spousal rape is treated the same as PC 261, you must remain in the offender’s registry for up to twenty years. This means you must surrender your details to the local law enforcement offices and renew the registration yearly.

Being labeled a sex offender can change how people view or interact with you. Additionally, it restricts places you can go and jobs you hold. Fighting your charges to avoid a conviction eliminates the burden of sex offender registration.

Defense Against Spousal Rape Charges

An arrest and conviction for spousal rape can take your life downhill quickly. The consequences of a conviction under this statute will continue to affect your life long after serving your prison sentence and paying your fines.

The conviction will enter your criminal record, which everybody can access. Additionally, you will be labeled a sex offender, which could change your societal views. Therefore, you must be aggressive in fighting the charges. You can use the following arguments to build a defense in your case:

Insufficient Evidence

There are five elements that a prosecutor must prove beyond a reasonable doubt to establish your guilt under PC 262. The prosecutor presented circumstantial and physical evidence to support each element. Additionally, victim and witness testimony could be used to support the spousal rape claims.

A skilled criminal attorney can create reasonable doubt in the prosecutor’s case and weakens it. You can then argue that there is insufficient evidence to convict you of the crime.

No Intercourse Occurred

The first element of PC 262 is having sexual intercourse with your spouse. Sexual intercourse, in this case, means penetration. Any other sexual act cannot suffice under this statute. If you prove that penetration did not occur, you can avoid a marital rape conviction. However, the prosecution can still pursue charges like oral copulation by fear or false and sexual battery.

The Alleged Victim Consented to the Act

Before the court finds you guilty of spousal rape, the prosecution must prove that the alleged victim did not consent to the act. This means any form of consent should be disapproved beyond a reasonable doubt. Consent means that your spouse understood the nature of the action and acted voluntarily.

Engaging in sexual intercourse with an unconscious person is a crime regardless of whether they resisted the act. You can fight charges under this statute by arguing that you did not understand the alleged victim’s disapproval of the act. Such a defense is applicable when consent is withdrawn during a sexual act.

False Allegations

False allegations are not uncommon in spousal rape cases. In addition to being a sex offense, marital rape is a form of domestic violence. Therefore, are many reasons why your spouse can falsely accuse you of rape, including:

  • Unfavorable end of a relationship. If you end your relationship badly, your spouse can accuse you of all sorts of crimes for revenge.
  • Child custody battles. Most divorces are not amicable. The aftermath of such a divorce is a bitter child custody battle. The family court is very cautious when awarding child custody and visitation. The judge wants to ensure that the children are safe. If you have a spousal rape criminal conviction, your spouse can receive full custody of the children.
  • A conviction for a spouse has severe legal and collateral consequences. A spouse unhappy about something you did can falsely accuse you of the offense for personal satisfaction.

If you are a victim of false accusations, your attorney can employ different legal tactics to uncover the false allegations and help you avoid a conviction.

Coerced Confessions

A coerced confession is obtained through psychological or physical abuse by law enforcement officers. When police officers receive a report of a sex crime, they are quick to begin investigations and have you punished. Using force or threats to coerce you into accepting liability for a crime you did not commit is a valid defense for spousal rape charges.

If the law enforcement officers violated your constitutional rights during the investigations, you could petition to have the evidence thrown out of your case.

Elapsed Statute of Limitation

There is a limitation to the amount of time a person can file criminal charges in California. When the statute of limitations elapses, a person cannot be charged with the crime. The statute of limitations for spousal rape in California is ten years. Therefore, you can use this defense against your charges.

Sealing A Spousal Rape Arrest Record in California

Even when your arrest and charges do not end in a conviction, allegations of spousal rape can negatively impact your life. Fortunately, if you were arrested and never convicted under PC 262, you avoid the collateral consequences of your arrest by sealing your arrest record.

Under California PC 851.87, sealing an arrest record means that the record is destroyed and removed from public access. You may be eligible to seal your record under the following circumstances:

  • You faced an arrest, but the prosecution did not file charges against you.
  • The prosecutor filed a PC 262 charge, and it was dismissed for lack of enough evidence to warrant a trial.
  • Your case went to trial, and you were not guilty of the crime.

The difference between sealing a record and expunging a conviction is that sealing a record is possible for defendants who have not been convicted. If you are convicted of spousal rape, you must deal with the consequences of your conviction for a lifetime or seek other options like the governor’s pardon. This is because California law does not allow the expungement of convictions that attract a prison sentence.

If you evaded efforts of law enforcement to prosecute you for spousal rape, you could not have the arrest record sealed. You can accrue the following benefits from sealing your spousal rape arrest:

  • Improved housing prospects. Having an arrest record for a sex crime can affect your chances of finding decent housing. However, a sealed record is not accessible to the public and cannot be used to deny you housing.
  • Improved job prospects. All arrests that occur in California enter the criminal record. Most employers perform background checks on all potential employees. If an arrest under this statute is found in your record, the employer can use it to discriminate against you. If you seal your arrest, no one can access it, and your job opportunities are increased.
  • You can keep your professional license. Sex crime laws are stringent. If you are arrested for spousal rape, your professional licensing board will be notified of the arrest. This could prompt a possible suspension or revocation of your license. Losing a professional license will impact your livelihood. Sealing the arrest is the best way to avoid its effects.
  • Personal satisfaction. Nothing hurts more than suffering for a crime you did not commit. The law is convinced of your innocence if no charges are filed, or you are acquitted. Unfortunately, the arrest record may still linger in your record and affect your reputation. Sealing the record and avoiding these effects will give you a sense of satisfaction and a fresh start.

Find a Criminal Defense Attorney Near Me

Many people do not believe they can be charged with raping their spouse. However, California Penal Code 262 prohibits non-consensual sex even when you are married to a person. Besides incarceration, probation, and fines, a spousal rape conviction will leave behind a criminal record that is difficult to shape off. Since convictions are public in California, potential employers, landlords, and officials of your professional body will access them. 

A sex crime conviction can affect your chances of employment and ability to join the military or study for certain professions. Fortunately, not all arrests under this statute will attract a criminal conviction. Many cases of spousal rape result from bad relationships or seeking an advantage in divorce and child custody proceedings. Unlock a new realm of gambling at https://casinoreg.net/tether-casino-sites/ , where we feature the top Tether casino sites for a seamless and secure gaming experience. Our carefully curated list includes casinos that offer fast Tether transactions, exceptional games, and robust security. Dive into the world of Tether casinos with us and enjoy the benefits of playing with cryptocurrency.

With the guidance of a knowledgeable sex crime defense attorney, you can explore different defense strategies for your case. At Los Angeles Criminal Attorney, we have extensive knowledge and experience to fight your charges and secure a favorable outcome. We serve clients seeking legal guidance and representation in Los Angeles, CA. Contact us at 424-333-0943 today.