Spousal Rape and Battery Domestic Violence
A battery domestic violence case is severe when there is sexual assault involved. Victims of rape battery are mostly spouses forced by their partners to engage in a sexual act. In the event of struggle, hitting occurs when the victim refuses.
Spousal rape is illegal in the state of Nevada and whoever is proven guilty of the case will be registered as a sex offender in the national database. If you are facing a battery domestic violence charge coupled with sexual assault, you should seek the help of a domestic violence attorney who specializes in such matter.
What counts as spousal rape
Under the Nevada Revised Statute 200.373, marriage does not invalidate sexual assault. Wives or husbands are susceptible to being charged when they use force, threats, and intimidation. However, in Nevada, it is also legal to have sex with the spouse even without their consent due to intoxication, unconsciousness, or incapability. Because of this, it still varies from case to case. A spouse who feels violated, regardless of giving consent or not, can still pursue charges with the help of a domestic violence attorney. A judge is also likely to determine decree based on the situation.
Furthermore, penetration is not the only basis for sexual assault – any unwelcome fondling or sexual mistreatment is considered assault.
Penalties and charges
If you are accused of spousal rape, know that you are facing a Category A felony charge. Aside from becoming a Tier III sex offender, you can also be sentenced to life imprisonment with 10 years before chances of parole.
If the victim sustained body harm because of spousal rape, the possible charge against you is life imprisonment with parole after 15 years or none.
Defenses for the accused
Fortunately, there are defenses against spousal rape charges. You and your domestic violence attorney can work together in using counter defenses, such as:
- Proving that no force or harm was done during the sex
- The plaintiff’s use of false accusations out of malice
- No sex or unwanted touching was made at all
A battery domestic violence with spousal rape brings severe consequences. If you believe you are wrongly accused, seek for the assistance of Domestic Violence Attorney Ross Goodman today.