Legal Question in Criminal Law in California
if you are married and your wife tells you that she does not want to have sex with you and you still perform the act is it rape?
Asked on 11/10/09, 9:45 pm
2 Answers from Attorneys
Robert Marshall
Law Office of Robert L, Marshall
If she says, "I really don't want to.... but okay," it would not be rape.
If you force or threaten your spouse in order to have sex with her, then it is rape. See Penal Code 262.
It is a felony punishable by up to eight years in state prison and can result in lifetime registration as a sex offender.
Answered on 11/15/09, 10:10 pm
Edward Hoffman
Law Offices of Edward A. Hoffman
Yes. Sex without the consent of the other person -- or even with consent if that consent was obtained via force or fear -- is rape regardless of whether the parties are married to one another.
Answered on 11/17/09, 4:25 pm
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