New Hampshire Marital Rape Statutes

New Hampshire's criminal code prevents a defense against a charge of marital rape except where the spouse victim is mentally deficient or is a minor between the ages of 13 and 16.

Current New Hampshire Law

Section 632-A:5 provides that an actor commits a crime under the chapter even though the victim is the actor's legal spouse. Additionally, any laws attaching a privilege to marital communications do not apply.

Aggravated Felonious Sexual Assault

Under Title LXII, Chapter 632-A:2(I), a person is guilty of aggravated felonious sexual assault when the actor engages in sexual penetration with another under the following circumstances:

• physical force
• where the victim is physically helpless to resist
• coercion through threat or physical force or threat of retaliation
• when victim submits due to kidnap or false imprisonment
• when the actor administers without the victim's knowledge or has knowledge of another preson administering any intoxicating subtance which mentally incapacitates the victim

The following subsections provide marital exemptions under the limited circumstances:

      (h) When, except as between legally married spouses, the victim is mentally defective and the actor knows or has reason to know that the victim is mentally defective. 
      (j) When, except as between legally married spouses, the victim is 13 years of age or older and under 16 years of age and:
          (1) the actor is a member of the same household as the victim; or
          (2) the actor is related by blood or affinity to the victim. 
      (k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit.

The same marital exemption language is contained in subsection (II) which provides that a person is guilty of aggravated felonious sexual assault when such person engages in a pattern of sexual assault against another person, not the actor's legal spouse, who is less than 16 years of age. The mental state applicable to the underlying acts of sexual assault need not be shown with respect to the element of engaging in a pattern of sexual assault.

Felonious Sexual Assault (Class B Felony)

Under 632-A:3, a person is guilty of a class B felony if such person if that person subjects a person to sexual contact and causes serious personal injury under 632-A:2 or engages in sexual penetration or sexual contact with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more.

Sexual Assault (Class A Misdemeanor)

Among the provisions under 632-A:4, I. a person is guilty of sexual assault when the actor subjects another person who is 13 years of age or older to sexual contact under any of the circumstances named in RSA 632-A:2; when the actor subjects another person, other than the actor's legal spouse, who is 13 years of age or older and under 16 years of age to sexual contact where the age difference between the actor and the other person is 5 years or more.

In all of these exemptions, mental defiency or minority age is a prime element to the marital exemption.

Finding a Lawyer

If you have been charged with marital rape, you do not have a marital exemption except under specific circumstances. You can face prison time and possible probation if convicted. Consult with an attorney immediately to ensure that your rights are protected.