Can I be arrested for marital rape?

Marital rape occurs when non-consensual sex occurs within a marriage, between two spouses. This type of rape is very rare and it is difficult to prove. However, married individuals have the right to say no to sexual relations with a partner, even if that partner is a spouse. However, the laws differ from one jurisdiction to another in regards to whether such laws are in place and what the laws regarding this type of rape include.

Arrests in Marital Rape Cases

There are locations throughout the United States where marital rape is a specific legal charge. In these states, you will be arrested if you are accused of marital rape, and there is evidence to back up this claim. In some states, laws for marital rape extend farther, including non-consensual sex between divorced and legally separated couples as well as unmarried couples living together. Here are some key things to keep in mind.

• In the United States, marital rape is illegal in all 50 states.
• The first state to put in place laws making it illegal was South Dakota, in 1975.
• Marital rape is sometimes called spousal rape under state laws.

If you violate any state law, or any local or federal law, you are likely to be arrested for that violation. The types of punishments in place for marital rape often include jail time and a misdemeanor charge, though this may be elevated to a felony charge depending on the circumstances. In all cases, if you are charged with marital rape, it is important to have an attorney to help you.