The Defense Never Rests

Marital rape in Indiana

On Behalf of | Feb 12, 2016 | Criminal Law

Sexual assault is a serious offense and one of the more common sex crimes is rape. This form of sexual assault, however, can fall into a wide variety of sub-categories such as date rape, statutory rape or marital rape. Marital rape, often referred to as spousal rape, is a serious charge that has only recently been addressed in the legislature.

According to the Indiana Coalition Against Sexual Assault, marital rape is the term used to describe “sexual acts committed without a wife’s consent and/or against her will by the woman’s husband.” While it seems to be more common, these charges do not always have to filed against a husband. A criminal conviction for marital rape carries severe penalties.

Rape is non-consensual sexual intercourse. Until the mid 1990s, there was a marital exemption for such offenses. Essentially, the law looked the other way if an individual had non-consensual intercourse with his or her spouse. In 1998, Indiana completely repealed the marital rape exemption so that it no longer applied to spouses.

In Indiana is it a crime to engage in sexual activity through force or by threat of force. If the victim is unable to consent due to a mental disability or if the victim is unaware that the act is occurring, this is also considered rape. Depending on the specific circumstances of the case, a conviction can result in anywhere from six months to 50 years of incarceration. Additionally, penalties can include fines of up to $10,000.

An experienced criminal defense lawyer can listen to the facts of your case and provide exceptional guidance for whatever matter you are facing.