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California state law makes a special provision for cases of rape where the defendant and alleged victim are married. Spousal rape is a more complicated charge than many cases of rape, due to the marital relationship between the two parties.
Proving that rape has occurred depends on demonstrating that the victim did not consent to the act, and unless the perpetrator used outright force, violence or drugged the victim, this can be difficult to establish. Your attorney will investigate all aspects of the case to determine whether the allegations were false and motivated by a desire to get back at you, or if there is insufficient evidence to prove your guilt.
Section 262 of the California Penal Code defines the circumstances of spousal rape, and it provides severe penalties for this felony offense. If you are convicted of spousal rape, you can be sent to state prison for up to 8 years and be forced to pay as much as $10,000 in fines.
You may also be required to serve a term of probation, and as with any sex crime conviction you will be listed as a sex offender pursuant to 290 registration. Because of the unique characteristics of this charge, you need to work with a sex crime attorney who has the experience and skill to successfully defend you against the prosecution.
You should avoid any contact with your spouse or with the investigators in your case before speaking with an attorney from Okabe & Haushalter. We will advise you about your rights and work closely with you to find a defense strategy that you can use to fight the charges. When you have been accused of spousal rape, you need a seasoned attorney by your side to shield you from the attempts of the prosecution to secure your conviction, and we will fight to protect your freedom.