SPOUSAL RAPE

Spousal Rape is essentially the same crime as “Sexual Assault” except that in Spousal Rape, the victim and the accused are married.

What is the legal definition of Spousal Rape?

Spousal Rape is governed by NRS 200.373:

Sexual assault of spouse by spouse. It is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by threat of force.

So it is possible to be sexually assaulted by someone you are married to?

Of course. Every state has different laws regarding the crime of spousal rape, but there are a few things to note about Nevada’s:

• It does not matter if you are or were living together, separated, or in the process of getting a divorce at the time of the sexual assault.
• It does not matter how much time has passed since the alleged assault, so long as it is reported within the statute of limitations (4 years).
• Spousal rape in Nevada requires a use of force in the assault. In other words, if one spouse sexually assaults the other while the victim is asleep, unconscious, or over-intoxicated, then there is no “spousal rape,” according to NRS 200.373. However, since the phrase “use of force” is a vague term, a prosecutor may still decide to try a spouse for “spousal rape” even under these circumstances.

What are the possible penalties?

As noted above, Spousal Rape is identical to Sexual Assault. Consequently, it is charged in the manner described in NRS 200.366(2):

1. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
   1. If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
      1. For life without the possibility of parole; or
      2. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
   2. If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

In other words, Spousal Rape is a Category A felony and carries with it:

• If substantial bodily harm results from the incident:
  • Life in prison without the possibility of parole; or
  • Life in prison with the possibility of parole after 15 years.
• If no substantial bodily harm results from the incident:
  • Life in prison with the possibility of parole after 10 years.

Are there any Defenses?

Statutory sexual seduction is a very difficult allegation to defend because it is a strict liability crime. However, there are some defenses that may apply:

• No Force – Spousal Rape can only occur through the use of force. If your attorney can show that you did not use force in sexually assaulting your spouse, then the charges against you should be dropped or dismissed.
• False allegations – This is similar to both of the other defenses in that it essentially relies on raising a reasonable doubt about the charges, though in this defense it is a reasonable doubt about the truth of the allegations, rather than a reasonable doubt in any of the specific elements of the crime. It is important to note, however, that Nevada’s Rape Shield Law prevents evidence of an alleged victim’s prior sexual conduct, unless that conduct relates to prior false allegations of prior false allegations.
• No Sex – Spousal Rape requires a sexual act. If the prosecutor cannot prove, beyond a reasonable doubt, that a sexual act took place, then the charges against you should be dropped or dismissed.

What should I do if I’ve been charged with Statutory Sexual Seduction?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.