Full question:
My husband is addicted to alcohol. I have tried to help him in getting rid of this addiction, but nothing seems to have worked out. Our kids too are getting affected due to my husband’s alcohol addiction. Last night, after my husband came home from office, he kept drinking till midnight and then forcefully had sex with me. I tried to resist but he did not listen. In California, can a husband be prosecuted for having forced sexual intercourse with his wife?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: California
Answer:
In California, spousal rape is recognized under the California Penal Code § 262 (a). This law states that rape can occur even between spouses. Specifically, it defines rape as sexual intercourse accomplished against a person's will through force, violence, duress, menace, or fear of immediate bodily injury.
Under Cal Pen Code § 262 (a) (1), if a husband forces sexual intercourse on his wife, it may be considered rape. The penalties for spousal rape are outlined in Cal Pen Code § 264, which states that a conviction can lead to imprisonment for three, six, or eight years. Additionally, a judge may impose a fine of up to seventy dollars ($70) for violations of this law.
Therefore, yes, under Cal Pen Code § 262, a husband can be prosecuted for having sexual intercourse with his wife by means of force. If found guilty, he may face significant penalties.
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.