Legal Question in Criminal Law in Utah
I am concerned about an answer I read from the law database from an attorney from California. It concerns spousal rape. If a husband asks his wife for sex and she says no but later says yes it is not rape. How does consent work in the state of Utah? If a person says no to sex and the person persists in asking for sex until that person says yes isn't that rape? I know this is a gray area but how does the law address consent in these cases?
2 Answers from Attorneys
You really haven't provided enough facts for a legitimate answer on your case, but I'll try the best I can. In present day, spousal rape is no different than any other kind of rape. If you asked repeatedly for sex and she finally agreed, that is not rape. Begging isn't considered rape.
It is a gray area. When in doubt, don't. Otherwise you may have to explain the totality of circumstances to a judge or jury and then they get to decide.
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