Can a complaint be filed against a husband for marital rape?
Full Question:
My Husband and I live in New York. We are on the verge of our divorce. Because there is no intimacy between the both of us, last week he forced himself on me and had sex with me without my consent. Can I file a complaint against my husband for rape?
12/14/2016 |
Category: Criminal |
State: New York |
#28074
Answer:
Per New York Consolidated Law Service §130.35:
“A <1> person is guilty of rape in the first degree when he or she engages in sexual intercourse with <2> another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
***”
Therefore, you may file a complaint against your husband for forcefully having sex with you without your consent. 1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
***”
