In California, can a husband be prosecuted for having forced sexual intercourse with his wife?
Full Question:
My husband is addicted to alcohol. I have tried to help him in getting rid of this addiction, but nothing seems to have worked out. Our kids too are getting affected due to my husband’s alcohol addiction. Last night, after my husband came home from office, he kept drinking till midnight and then forcefully had sex with me. I tried to resist but he did not listen. In California, can a husband be prosecuted for having forced sexual intercourse with his wife?
12/15/2016 |
Category: Criminal » Statutory Rape |
State: California |
#28168
Answer:
“Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse . . . .”
Cal Pen Code § 262 also describes five circumstances under which a husband’s sexual intercourse with the wife may be called rape. Under Cal Pen Code § 262 subsection
(1), a forced sexual intercourse between husband wife may be regarded as rape. Cal Pen Code § 262 (a) (1) reads:
“Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances: (1) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.”
The punishment for spousal rape is enumerated in § 264 of the California Penal Code.
Cal Pen Code § 264 reads:
“(a) . . . rape, as defined in Section [261 or] 262, is punishable by imprisonment in the state prison for three, six, or eight years.
(b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section [261 or] 262 with the proceeds of this fine to be used in accordance with Section 1463.23.”
Yes, under Cal Pen Code § 262, a husband may be prosecuted for having sexual intercourse with the wife by means of force. If the husband is found guilty of spousal rape, he may be sentenced for three, six, or eight years.
