Can I report my husband for rape if he forced sex without consent?

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?

  • Category: Criminal
  • Date:
  • State: New York

Answer:

In New York, non-consensual sex is considered rape, even between spouses. Rape is defined as engaging in sexual intercourse through physical force or duress. Under New York law (N.Y. Penal Law § 130.35), a person is guilty of rape in the first degree if they have sex with another person:

  • By forcible compulsion, or
  • With someone who is unable to consent due to being physically helpless.

Given your situation, you can file a complaint against your husband for forcing sex on you without your consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When there is no physical relationship between a husband and wife, it can lead to emotional distance and dissatisfaction in the marriage. This lack of intimacy may cause one or both partners to feel neglected or unfulfilled, potentially leading to conflicts or even divorce. It's important for couples to communicate openly about their needs and feelings to address any issues that arise.