marital rape

Marital rape and Domestic violence crimes are still very real. If you believe you’ve been involved in marital rape or have been accused of such a deed, you should contact a sex crime lawyer in Los Angeles right away.

There are some people who still believe that sexual intercourse within marriage cannot be considered rape, but they are wrong.

The best way to know your rights and options, including keeping yourself and your family safe involve working with a professional. Since the idea of marital rape can be complicated, here is what you need to know to better understand marital rape and why it happens.

Marital Rape Defined

Rape, regardless of the nature of the relationship between parties, occurs when one person sexually forces themselves onto another person without consent.

Marital rape refers to rape between legal spouses. While it is more often experienced by women, it is not exclusively a female problem.

According to the National Resource Center on Domestic Violence (NRCDV), approximately 14% of married women are raped by their husbands in the United States alone.

 Marital rape is most often part of a widespread form of violence that takes place within an abusive marriage. In many cases, a sex crime lawyer is the one who uncovers that marital rape has or is occurring while working with the victim on a case dealing with widespread abuse.

Why is Marital Rape a Thing?

One of the most significant contributors to marital rape involves cultural norms, traditions, and religious interpretations. These push the idea that women should submit to their husbands, that wives owe their spouses sex.

 Sex offender attorneys also find that some spouses like to feel the power that comes with forcing themselves on another. This could be part of the extensive practice of abuse.

 A Historical View of Marital Rape

Non-consensual sexual intercourse between two people has always been illegal. The only exception was during the mid-1970s, where every state in the U.S. had an exemption that essentially allowed a husband to rape his wife without consequences.

 There were numerous justifications for the exemptions that made spousal rape legal across America, such as:

  • The British common law viewed marriage as a contract that gave husbands sexual consent from their wives at all times.
  • The tradition viewed wives as a property of their husbands, which allowed them to do as they pleased.
  • The interest of the public to keep marital relationships private, which meant neither the state nor the law should interfere.

marital rape two

 In 1857, the Massachusetts courts first justified marital rape as the husband’s right to sexual intercourse. In fact, the courts also used the refusal of sex as reasonable grounds for divorce. This case set a precedent in every state, allowing for rape inside of the marriage.

 By 1993, every U.S. state had added laws to the books against marital rape. That does not mean, however, that everyone is on the same page.

There were plenty of arguments for keeping some kind of exemptions to rape within marriage:

  • That marital rape doesn’t happen enough to require removing the exception.
  • That it’s too hard to prove the lack of consent within a marriage since sexual intercourse is part of the relationship.
  • That other laws, like assault and battery, exist to protect abused spouses.
  • That a spouse should be able to have sex without fearing prosecution.
  • That removing the exemption could lead to false accusations during divorce proceedings.

 The women’s movement in the 1970s helped push changes to the laws. The first state to remove the marital rape exception was Nebraska in 1976. It took 17 more years before every state revoked their exemptions.

 The Obstacles Faced by A Victim and Their Sex Crime Lawyer

It may seem like modern-day rape laws are just and fair inside the bonds of marriage. While some states have revised their laws regarding rape, in such a way that there is no distinction between a rape inside or outside of marriage, other states have pushed back.

Legal Obstacles

Some states require that reports of marital rape occur sooner than what is required for nonmarital rape victims. The statute of limitations for a “regular” rape might provide the victim years, while a report for marital rape must take place within a month.

 In South Carolina, for example, the offense must be reported to law enforcement within 30 days of taking place.

On the other hand, your sex crimes lawyer in Los Angeles knows that California is progressive in this scenario, where victims typically have up to six years to bring a case against the perpetrator.

Cultural Obstacles

As many sex offender attorneys will tell you, prosecutors are often reluctant to pursue cases involving marital rape.

Because of the long-held belief that the marriage contract includes access to sex, jurors may also be slow to accept that rape happened within a marriage. Even DNA evidence can raise doubts since it may be hard to prove the sex wasn’t consensual.

 Victims are often slow to come forward as well. There’s a great deal of social pressure that might keep an abused spouse quiet. Victims may feel shame or worry about the impact the case may have on their children.

Challenging Penalties

When a state treats marital rape like any other kind of rape, the penalties are often the same. That could range anywhere from fines of up to $50,000 along with prison terms. Of course, the severity of the crime plays a significant role in punishment.

 Some states, however, have different penalties for spousal rape. Virginia, for example, may waive fines and time in prison if the perpetrator successfully completes a court-approved counseling program.

 There is Hope for Victims of Marital Rape

hope

It may seem like a victim of marital rape is up against insurmountable odds. There is no question that the legal history of rape isn’t on the victim’s side, but times are changing. 

That means courts are looking at marital rape in new ways and not always sticking to tradition when making decisions.

 If you’ve been accused of marital rape, you don’t want to assume the case will go easy. If you’re a victim of marital rape, you can’t assume that you don’t have any recourse. In either situation, working with a sex crime attorney in Los Angeles is your best option to protect yourself.

Choose the Right Sex Crime Attorney 

Marital rape is a serious offense. If you are suffering from this kind of domestic abuse, you don’t have to deal with it alone. Talk to our sex crime attorney right away.

Contact us at LibertyBell Law Group today.

Best Civil Attorneys - Gina Tennen

Gina Tennen

Founder

At A Glance

  • Expert legal strategist.
  • Experienced in both prosecution and defense.
  • Relentless fighter for her clients with results to prove it.
  • Received the National Top 100 Trial Lawyers Award
  • Featured in Time Magazine’s “Leaders of Criminal Defense” in the 100 Most Influential People edition.

Executive Managing Attorney Gina Tennen is a renowned leading advocate of personal liberties. Her meticulous trial preparation and exceptional ability to pursue every possible defense has earned her the admiration of clients and respect from prosecutors, judges, and other criminal attorneys all over the nation.

Lawyer Tennen began her career as a Senior Law Clerk for one of the toughest District Attorney’s offices in the country where she gained remarkable experience in juvenile crimes, elder abuse, parole hearings, child abuse, sex and other serious crimes. Her experience at the District Attorney’s Office armed her knowledge and case strategy in exploiting the other side’s weaknesses for the client’s advantage and building a rock solid defense. Criminal attorney Tennen’s experience on both sides and brilliant maneuvering throughout is evidenced in her winning track record. In fact, even before earning her law degree, she was instrumental in getting excellent results on several criminal cases outshining her peers.

A consummate strategist and top criminal attorney, lawyer Tennen works tirelessly on many high profile criminal cases. She is known as a relentless fighter who never gives up on any case. Whether the case is hers or handled by another criminal defense attorney from LibertyBell Law Group, no matter how small the case may seem she asserts that every client deserves the right to the best legal representation.

It is her deep belief and what she has built her entire career and lifelong dedication to that there is always hope for every client and every avenue should be pursued regardless of the time and energy it takes. For criminal attorney, Gina Tennen, devoting the finest criminal defense for clients is a habit and talent that you must apply and do all the time.

You demand the best defense. Take hold of your life and speak to our defense attorneys by calling 855-LAW-PRO1 (855-529-7761) now.

Founder Gina Tennen and all the sex offender attorneys at LibertyBell Law Group uphold that when the bell rings, it rings for life and liberty for all.

.

REQUEST A FREE CONSULTATION


Gina was like a lioness protecting her cub.

    

I hired Gina and her team for my son who was facing 10 years for something they said he did when he was 17 years old. Gina was like a lioness protecting her cub. She did not stop. She fought hard and was able to defend the charges. We are so grateful to her and her team. They gave us our son. He recovered his life!

– L. W.
Best defense lawyers in the country.

    

I hired this law firm in 2014 for my son who was facing 16 years in prison for a felony robbery. Lina Helou answered all our questions. I was extremely distraught regarding what my son was facing but Lina comforted me and told me that it would be okay. And thank goodness LibertyBell saved my son from going to jail and they were able to obtain only 3 years of probation. I could not have hired a better law firm for my son and if you want the best defense call LibertyBell Law Group. Thank God for this great group of lawyers.

– V. J.
A great team of lawyers.

    

I do not have enough words to describe how incredible the experience with this firm was. They work very hard to make sure you have winning results. I could not have asked for better service from the moment I called, until my case was over. I was glad I made the right choice. Thank you again LibertyBell Law Group!

– S. O.
She took her time to review all of my evidence and proved my innocence.

    

My father had found this group through his company and coworkers. I was assigned Gina Tennen and I cannot explain in just a review on how gratefull I am to be working with her. My case was an accusation of unlawful sex. This had looked extremely bad on my part since I was in a fraternity and she was in a sorority. During these times with Greek life, there are too many bad stigmas surrounding these organizations. Gina had believed in me and knew that I was innocent and that these accusations just were not true. She took her time to review all of my evidence and proved my innocence. I totally recommend this law group because they are willing to put in the work to help your situation.

– C. D.
Gina always kept me fully aware of how the case was proceeding.

    

When I first heard I was under a criminal investigation, I initially thought I would try and resolve this in the best way possible, without legal representation, as we were all interested in a "just" outcome. I quickly discovered that was not the case and contacted Gina at Liberty Bell. She clearly described the expectations and the choices available to me. She was always available to me, and when I called, if she couldn't talk with me at that time, she would quickly get back to me. Gina always kept me fully aware of how the case was proceeding. Her fee's were stipulated up front, as well as what those fees covered and what they did not.

– S. B.
Attorney Gina Tennen was on point from day one.

    

Attorney Gina Tennen was on point from day one putting pressure on the sherrif's office to get things handled. With Child molestation accusatinos being thrown around Gina and Attorney Castro were great at keeping the pressure on and had no charges filled. The DCFS indications were appealed and we won with flying colors. Great service, great work, and will use again for all legal matters.

– A. B.
Will Recommend, Total Experience, Awesome Team

    

Being involved in legal matters can be scary. When researching who to put my trust in, I came across Liberty and I am glad that I did. From the first time that I met with Gina and her team she made me feel comfortable and listened to all that I had to say. She assured me that her team would be on it and that they would do everything that they could! A little while in, Alan took over my case. When meeting with him you can tell that this is his passion and I immediately knew he was going to do everything in his power to make the outcome right! He was relentless and worked day and night working on the case. He kept in constant communication with me and truly cared not only about me but about my family as well. I am forever grateful for the support that this whole team has given me and would definitely recommend them to anyone who is looking for truly the best lawyers!

– L. B.
Write a comment:

*

Your email address will not be published.

logo-footer

ARE YOU UNDER INVESTIGATION?

If the police have contacted you regarding a crime, get a criminal lawyer now to help prevent charges from being filed.

CONNECT INFO

Address: LibertyBell Law Group
20350 Ventura Blvd Woodland Hills, Suite 230
CA, 91364
Call Us: (855) 529-7761

CONNECT WITH US

This website is an advertisement for legal services. The information on the website does not constitute a guarantee. or prediction of outcome of legal matters.

See the NOTICE OF LIABILITY for additional information on limitations on the use of this website. PRIVACY POLICY

Sitemap

© 2020 LibertyBell Law Group | Marketing by Claim Your Space

Call Now Button