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:
Non-consensual sex committed against another person through physical force or some other duress is referred as rape. In New York, rape that occurs between the spouses is illegal and punished as a felony.Per New York Consolidated Law Service §130.35:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
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