New Mexico Marital Rape Statutes

New Mexico's criminal codes recognize an exemption to marital rape only in the case of a juvenile marriage where one of the spouses is 13 to 16 years of age.

Current New Mexico Law

A person can bring sexual assault charges against a spouse under the following provisions:

Criminal sexual penetration

Section 30-9-11 defines criminal sexual penetration in the first degree as unlawfully and intentionally causing a person to engage in sexual intercourse, oral or anal sex, or causing genital or anal penetration of that person with an object through force or coercion that results in great bodily harm and mental anguish to the victim. When committed against a child under 13 with an intent to kill, the crime rises to the level of aggravated criminal sexual penetration.

Whoever commits the above is guilty of a first degree felony.

Criminal sexual penetration in the second degree consists of

• force or coercion of a child 13 to 18 years of age;
• force or coercion that results in personal injury to the victim;
• force or coercion when perpetrator is aided or abetted by one or more persons;
• in the commission of any other felony; or
• when the perpetrator is armed with a deadly weapon.

Anyone who commits criminal sexual penetration in the second degree is guilty of a second degree felony. If the victim is 13 to 18, the perpetrator is guilty of a second degree felony for a sexual offense against a child.

However, if the criminal sexual penetration is other than contained in the above and is committed against a child 13 to 16 years of age when the when the perpetrator is at least eighteen years of age and is at least four years older than the child and not the spouse of that child, then the crime is a fourth degree felony.

This exclusion is also applicable to a charge of criminal sexual contact of a minor in Section 30-9-13.  Sexual non-penetrative contact is illegal when committed on a child under 13 or a child 13 to 18.  However, this provision does not apply against a school employee involved with a student when the perpetrator is at least 18 years of age, at least four years older than the child and is married to that child.

Penalties

A first degree felony is punishable by up to 18 years or less in prison depending on the crime's severity. A second degree felony is punishable by up to 9 years imprisonment. A fourth degree felony is punishable by up to 18 months in prison.

Finding an attorney

If you face marital rape charges in New Mexico, you may not have a defense if you are married to the victim. You can face extensive jail time if convicted. Find an attorney to ensure that your rights are protected through the process.