Mississippi Marital Rape Statutes

Mississippi's marital rape statutes provide that a person is not guilty of any charges brought under the sexual battery provisions if the alleged victim is the offender's spouse and they were living together at the time of the alleged offense. This exemption does not apply in the case of forcible penetration against the victim's will.

Current Mississippi Law

The following provision is one under which an aggrieved spouse can bring charges against an offending spouse:

Sexual Battery

Section 97-3-95(1) states that a person is guilty of sexual battery when he or she engages in sexual penetration with another person (a) without his or her consent or (b) when the person is mentally defective, mentally incapacitated or physically helpless.

Definitions

"Sexual penetration" includes "cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body."

A "mentally defective person" is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct. 

A "mentally incapacitated person" is one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent.

A "physically helpless person" is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act.

Defense

A person is not guilty of any offense under Sections 97-3-95 through 97-3-103 if the alleged victim is that person's legal spouse and at the time of the alleged offense such person and the alleged victim are not separated and living apart; provided, however, that the legal spouse of the alleged victim may be found guilty of sexual battery if the legal spouse engaged in forcible sexual penetration without the consent of the alleged victim. 

Penalties

Any person convicted of sexual battery under Section 97-3-95(1)(a) may be imprisoned in the State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the penitentiary for not more than forty (40) years.

Finding an Attorney

If you are charged with marital rape in Mississippi, you can face up to 30 years for a first offense and 40 for any subsequent offense if convicted. The marital exemption cannot be asserted if the offense was against the victim spouse's will. To protect your rights in this case, consult with an experienced attorney as soon as possible.