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 completely.

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.

Contact Los Angeles criminal defense attorney Robert Bernstein at the firm today!

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Law Offices of Robert M. Bernstein
Los Angeles Criminal Defense Lawyer
9595 Wilshire Blvd.,
Suite 900,

Beverly Hills, CA 90212
Local Phone: (310) 477-1480
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.