Can a complaint be filed against a husband for marital rape?

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:
“A <1> person is guilty of rape in the first degree when he or she engages in sexual intercourse with <2> another person:
     1. By forcible compulsion; or
     2. Who is incapable of consent by reason of being physically helpless; or
     ***”
Therefore, you may file a complaint against your husband for forcefully having sex with 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.