Spousal Rape | Penal Code § 262

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

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	Yes
Do I have to register as a sex offender if convicted?	Yes
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	Yes
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No