Marital Rape is a nationwide problem. According to one report, between 10-14% of married women will experience rape from their spouse.
While laws recognizing rape as a crime have been around for millennia, marital rape has only been recognized as a criminal category in its own respect very recently.
Marital rape might be a confusing term, so it is important to first define what marital rape is.
Marital rape is basically nonconsensual sexual intercourse between a married couple. Some might refer to it as spousal rape.
Consent is required to have sexual intercourse, even between a married couple, otherwise it could be considered a case of marital rape.
Various acts could fall under the umbrella of marital rape, such as forcing your spouse to engage in sexual intercourse, threatening or harming your spouse to make them engage in sexual intercourse, or using drugs to make them lose consciousness to perform sexual acts.
Perhaps a textbook definition of marital rape is when a person outright forces their spouse into having sexual intercourse. However, in certain situations marital rape, can be more complicated than that.
Oftentimes, marital rape allegations arise when a spouse may have expected consent due to a history of unspoken consent between the couple. Marital rape allegations can also arise when a spouse claims marital rape took place despite not expressing their lack of consent or making it obvious that they are not interested in sexual intercourse.
Is Marital Rape illegal?
Marital rape falls under the umbrella of state law as opposed to federal, and each state has its own laws regarding marital rape. While there is no specific law in Missouri which makes mention of “marital rape,” these cases falls under the category of rape in general.
Under Missouri Law, rape can either be first degree or second degree.
Rape in the first degree occurs when a person has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. A person found guilty of rape in the first degree carries a range of punishment anywhere from 5 years to life in prison.
Rape in the second degree occurs when a person has sexual intercourse with another person knowing that he or she does so without that person’s consent. Rape in the second degree can be punishable up to 7 years in prison. If you are convicted of marital rape, you will also, likely, have to register as a sex offender.
False Allegations Of Marital Rape
Unfortunately, false allegations of marital rape are nothing new and are becoming more common. Being falsely accused of marital rape can ruin your reputation and life in many aspects.
There could be many different reasons for falsely accusing someone of marital rape. Messy divorces or custody disputes might lead to false allegations of rape in an attempt to gain an advantage in the outcome of the case.
Contact An Experienced Marital Rape Allegation Attorney Today
If you are facing allegations of marital rape, they absolutely should not be taken lightly.
It is important to work with lawyers who are experts in defending allegations of marital rape. Our team of lawyers at Marler Law Partners are well-versed in defending such allegations.
In fact, both Sara Marler and Ramona Gau are former prosecutors with extensive experience as criminal defense attorneys, so they understand what it takes to build a strong defense against allegations of marital rape.
Call us today for a free consultation.