Los Angeles Spousal Rape Attorney
Sex Crime Defense Lawyer Serving Los Angeles & Beverly Hills
Spousal rape, also referred to as "marital rape," is defined
as any type of nonconsensual sexual act that occurs between two married
persons. This means that one party used force, coercion, threats or intimidation
in order to have sexual relations with their spouse. Spousal rape also
means that the sexual acts ensued against their will and without their
consent. Demanding sexual relations with your spouse by way of force is
considered to be illegal, because they have the right to say no, just
like anyone else.
Have been accused of or charged with spousal rape? If so, then it is critical
that you contact an experienced
Los Angeles criminal defense attorney as soon as possible. Here at the
Law Offices of Robert M. Bernstein, we have extensive experience defending against
sex crimes and we will fight vigorously to have your charges reduced or dismissed
Possible Penalties for Spousal Rape
According to California Penal Code § 262 PC, it is possible to rape
one's own husband or wife. Under California law, spousal rape is considered
to be a severe felony and is punished equal to any other form of rape.
Someone convicted of this crime could receive the same penalties as someone
convicted of domestic violence or rape of a stranger.
If found guilty of marital rape, you could face the following penalties:
- 3-8 years in a California state prison
- Mandatory registration as a sex offender
- Expensive fines
- Court-ordered therapy
- Compensation to the victim
Convicted offenders may also face personal consequences- your reputation
could suffer, you could lose your job and finding future employment could
become extremely difficult.
Legal Defenses for Marital Rape
In order for a conviction to stick, the plaintiff would have to be able
to prove one of the following:
- That you are indeed married
- You threatened harm against them if they did not consent
- You used force to evoke a sexual act against their will
- The sexual act took place when the victim was unconscious (incapacitated)
and they could not consent
In some cases however, spousal rape has been proven on victim testimony
alone, which is why it is extremely important that you have a hard-hitting
defender on your side to protect your rights against the prosecution.
An experienced Los Angeles criminal defense lawyer could fight to prove
either that the accusations and testimony against you are false, that
your spouse did indeed give their consent, or that there is insufficient
evidence to prove fault for this crime.
You do not want to be falsely accused of a serious crime of this nature.
Even if it is someone close to you making these accusations, to ignore
them would be foolish, even if the accusations are false. You need a seasoned
Los Angeles sex crime attorney on your side.
Tried & True Defense for the Criminally Accused
Searching for an attorney for a spousal rape case in Los Angeles? If you
have been accused of spousal rape, your spouse is most likely acting out
of rage, revenge, or jealousy or they are reacting to the marital turmoil
you have been experiencing as a couple. In cases of this nature, it is
imperative that you consult with a knowledgeable criminal attorney who
has experience defending sex crimes of this nature. Your choice of legal
counsel could be the determining factor of your face and that is why you
need the aggressive litigation of Attorney Robert Bernstein.
Mr. Bernstein has been recognized as a premier
criminal defense lawyer in the Los Angeles area because he knows how to build a winning
defense strategy for trial. His firm is exclusively focused on criminal
defense law, which gives his clients a distinct advantage in the courtroom.
Get experience you can count on.