Nebraska Marital Rape Statutes

Nebraska's marital rape statutes provide an exemption in the case where the alleged victim is a detainee or a parolee and the abuser is employed by the Department of Correctional Services or by the city or county correctional facility and has supervisory control over the victim.

Current Nebraska Law

The following are statutes under which a victim can bring charges against a sexually offending spouse:

First degree sexual assault

Under Section 28-319(1), a person who subjects another to sexual penetration (a) without the consent of the victim, (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.

Second or third degree sexual assault

Section 28-320(1) provides that any person who subjects another person to sexual contact (a) without consent of the victim, or (b) who knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in either the second degree or third degree.

Exemption

The marriage exemption applies solely to sections prohibiting sexual abuse of inmates or parolees.

Section 28-322.01 provides that a person commits the offense of sexual abuse of an inmate or parolee if such person subjects an inmate or parolee to sexual penetration or sexual contact as those terms are defined in section 28-318. It is not a defense to a charge under this section that the inmate or parolee consented to such sexual penetration or sexual contact.

Section 28-322.02 states that any person who subjects an inmate or parolee to sexual penetration is guilty of sexual abuse of an inmate or parolee in the first degree. Sexual abuse of an inmate or parolee in the first degree is a Class III felony.

However, section 28-322(2)provides that a "Person" means

(a) an individual employed by the Department of Correctional Services or by the Office of Parole Administration, including any individual working in central administration of the department, any individual working under contract with the department, and any individual, other than an inmate's spouse, to whom the department has authorized or delegated control over an inmate or an inmate's activities,

(b) an individual employed by a city or county correctional or jail facility, including any individual working in central administration of the city or county correctional or jail facility, any individual working under contract with the city or county correctional or jail facility, and any individual, other than an inmate's spouse, to whom the city or county correctional or jail facility has authorized or delegated control over an inmate or an inmate's activities, and

(c) an individual employed by the Office of Probation Administration who performs official duties within any facility operated by the Department of Correctional Services or a city or county correctional or jail facility.

Penalties

Sexual assault in the first degree is a Class II felony punishable up to 50 years imprisonment.

Second degree sexual assault is a Class III felony if the actor caused serious personal injury to the victim and is subject to 20 years imprisonment. If the victim was not injured, then the offense is third degree sexual assault which is a Class I misdemeanor subject to up to one year imprisonment.

Find an Attorney

If you face marital rape charges in Nebraska, you can be imprisoned up to fifty years if convicted. The marital exemption is very limited. Therefore, you should find an experienced attorney to ensure your rights are protected.