Description
The crime of Spousal Rape is defined as the Rape of a person who is the spouse of the perpetrator and is accomplished against a person’s will by means or force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another, or is prevented from resisting by any means or substance or was not aware.
What does the prosecutor have to prove?
1. Defendant engaged in an act of sexual intercourse with his or her spouse.
2. The act of sexual intercourse was against the will of the alleged victim.
3. Sexual intercourse was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or on another.
4. The offense involved separate victims or involved the same Victim on separate occasions. [PC 262(a)(1)]
Punishment
Felony: 3years/6years/8years
With probation 0-364 days