Houston Spousal Rape Attorney

In America, there is now – more than ever – a focus on affirmative consent when it comes to sexual activity. All parties involved in intercourse or any other sexual act must have the capacity to consent and must agree to participate. This has not always been the case, particularly in regard to spouses. The law did not give wives or husbands any recourse when their spouse forced them to have sex despite their unwillingness. Until the early 1990s, Texas had an exception for rape committed by one spouse against another. Now, sexual assault that takes place between spouses, also known as marital or spousal rape, is illegal in the state.

You may have discovered the hard way that sexual assault allegations can be leveled by your husband or wife. Your spouse may accuse you of assaulting them. You may be wondering what to do if when (or if) your husband rapes you. In these situations, it is imperative you obtain on experienced Houston sex crimes lawyer as soon as possible.

Contact The Law Offices of Ned Barnett at (713) 222-6767 to schedule a free, initial consultation.

Texas Marital Rape Law

Texas does not have a specific statute regarding sexual misconduct between spouses. Instead, one spouse may be charged with any sex offense, and it is referred as spousal rape when the alleged victim is their husband or wife.

Common charges seen in marital rape cases include:

Simple Sexual Assault
A spouse may be charged with sexual assault under Texas Penal Code Section 22.011. You may be charged with spousal rape if prosecutors have evidence that you intentionally and knowingly caused:

• The penetration of your spouse’s sexual organ or anus, by any means, without their consent
• The penetration of your spouse’s mouth by your sexual organ, without their consent
• Your spouse’s sexual organ, without their consent, to come into contact with or penetrate another individual’s sexual organ, anus, or mouth

Aggravated Sexual Assault
You may also be charged with aggravated sexual assault of your spouse under Texas Penal Code Section 22.021, if you commit sexual assault and:

• Caused serious bodily injury or attempt to cause the death of your spouse or another person
• Placed your spouse in fear of kidnapping, bodily injury, or death
• Threatened to kidnap, severely injure, or kill your spouse
• Used a deadly weapon
• Used a date-rape drug to commit the sexual assault of your spouse
• Your spouse is younger than 14 years, older than 65 years, or disabled

Spousal Rape Statute of Limitations

A statute of limitations is a time limit on how long prosecutors have to file charges against you. The statute of limitations on sex crime depend on the specific crime and the age of the victim. For most sexual assault offenses, including instances of spousal rape, there is a 10-year statute of limitation. Prosecutors must have charges filed against you within 10 years of the date of the alleged offense, meaning your spouse has a decade to come forward with accusations of marital rape.

However, rape allegations that arise years after the fact are very difficult to prove. If your spouse did not accuse you of a crime at the time of the alleged assault, then there is no police report, investigation, or DNA evidence. By working with an aggressive sex crimes lawyer, you may have a strong chance of exonerating yourself in court.

Penalties for Marital Rape

Under Texas law, there is no specific offense and punishment for marital rape. This crime is charged as simple or aggravated sexual assault. There also is no heightened statutory punishment for sexual assault perpetuated by one spouse against the other.

If you are convicted of sexual assault, you face a second-degree felony, which can be penalized by between two and 20 years in prison, and fines reaching $10,000.

Aggravated sexual assault is a first-degree felony. If convicted, you will be imprisoned for at least five years, however you also face up to 99 years behind bars if found guilty. You may be fined up to $10,000.

Defending Against Accusations of Marital Rape

If you have been accused by your current or ex-spouse of rape, call a spousal rape attorney immediately. There are many ways to defend against sexual assault allegations, such as:

• Proving you had consent – You may have reasonably believed that your spouse consented to the sexual activity based on their words, actions, and your previous sexual activity.
• Demonstrating inconsistencies – Through cross-examinations of witnesses, specifically your spouse, your attorney may demonstrate inconsistencies in your spouse’s story.
• Bringing false motives to light – Many allegations of spousal rape arise during a divorce. If you are being falsely accused of sexual assault because your spouse is attempting to impact the outcome of the divorce, your attorney will strive to bring your spouse’s false motives to light in court.
• Challenging medical evidence – Many sexual assault cases rely on DNA evidence. However, it is entirely normal for law enforcement officers to find your DNA on or near your spouse. The presence of your DNA is not strong evidence of rape.
• Showing a lack of sufficient evidence – Prosecutors must prove you committed sexual assault beyond a reasonable doubt. Your lawyer may focus on demonstrating to the judge and jury that there is not enough evidence to show you committed a crime.

Remember, the fact that you were married to the alleged victim at the time of the offense is not in and of itself a defense. However, it may be pertinent to your defense, particularly if you believed you had consent or if you believe your soon-to-be ex is using these accusations to obtain more property, alimony, or child custody in a divorce.

Contact a Houston Spousal Rape Attorney Today

When your current or former spouse accuses you of rape, you probably feel betrayed. Even if you are divorced, you may share children, friends, and fond memories. If you are currently married, the accusations could take you entirely by surprise. Whatever your situation or your relationship with your accuser, you need to work with an experienced and tenacious spousal rape attorney. Ned Barnett will fight hard for your charges to be dropped or dismissed. If the prosecution is able and adamant in moving forward with the case, he is not afraid to fight for your rights and freedom at trial.

To learn more about defending against accusations of marital rape, contact The Law Offices of Ned Barnett online or call (713) 222-6767 to schedule a free and confidential case consultation.