West Virginia Marital Rape Statutes

West Virginia's criminal code provides an exemption to a charge of marital rape only where the alleged victim is a juvenile.

Current West Virginia Laws

Sexual Assault in the First Degree

Under Section 61-8B-3(a) of WV's criminal code, a person is guilty of sexual assault in the first degree when:

(1) that person engages in sexual intercourse or sexual intrusion with another person and, in so doing:

     (i) inflicts serious bodily injury upon anyone; or

     (ii) employs a deadly weapon in the commission of the act; or

(2) the person, being fourteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than twelve years old and is not married to that person. The marital exemption in these cases protect against unwarranted allegations based on nothing more than the alleged victim's age. Courts seek to protect the licit sexual activities between legal spouses despite the juvenile age of one or both of the spouses.

Anyone who commits sexual assault in the first degree under this section is guilty of a felony.

Sexual Assault in the Second Degree

Section 61-8B-4(a) provides that a person is guilty of sexual assault in the second degree when:

(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person's consent, and the lack of consent results from forcible compulsion; or

(2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.

There is no marital exemption in this provision, allowing any married person to pursue charges against an offending spouse. However, a lack of consent must be proven where the victim was not physically helpless at the time of the offense.

Anyone who commits sexual assault in the second degree under this section is guilty of a felony.

Sexual Assault in the Third Degree

Under Section 61-8B-5(a), a person is guilty of sexual assault in the third degree when:

(1) The person engages in sexual intercourse or sexual intrusion with another person who is mentally defective or mentally incapacitated; or

(2) The person, being sixteen years old or more, engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant and is not married to the defendant.

Penalties

Anyone convicted of sexual assault in the first degree can face imprisonment in a state correctional facility not less than 15 nor more than 35, and can be fined not less than $1,000 nor more than $10,000.

A person convicted of sexual assault in the second degree can face imprisonment in the penitentiary not less than 10 nor more than 25 years, and can be fined not less than $1,000 nor more than $10,000.

Anyone convicted of sexual assault in the third degree can face imprisonment in a state correctional facility not less than one year nor more than 5 years, and can be fined not more than $10,000.

Finding an Attorney

If you face charges of marital rape in West Virginia, you can face a lengthy prison term if convicted. Marital rape exemptions exist only where the alleged victim spouse is a juvenile. To ensure your rights are protected, consult with an attorney experienced with West Virginia marital rape statutes.