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Questions about Marital Rape Law

What is marital rape?

Marital rape is also known as spousal rape. It is a non-consensual intercourse where the perpetrator is the victim’s spouse. It is a form of partner rape, domestic violence, and sexual abuse. Spousal rape is currently not accepted by international agreements and is considered a criminal offense. Still, in many countries, spousal rape is deemed to be legal. Ignorance of the law often results in these offenses not getting reported. In extreme cases, marital rape is sometimes over looked or ignored even by the law. Below are the most commonly asked questions about to marital rape laws.

In the state of Ohio if a person is charged with Tier III sexual crime, is it illegal for someone with kids to move in with them?

The state of Ohio has passed a civil law that states that no sex offender is allowed to live within 1,000 feet of a school or state licensed daycare/pre-school. The person moving in with the offender may not be in any sort of trouble, however living with a sex offender can cause a child custody challenge if the other biological parent of the children raises this as an issue. It can also possibly get child protective services involved. The offender could be in violation for being around the children, and it could possibly cause incarceration. Tier III is the highest classification level and is comparable to the old Sexual Predator classification. These offenders have to register with the state every ninety days for the rest of their life.

In the state of Texas what is the penalty for marital rape?

Currently in the state of Texas marital sexual assault is treated the same as any other sexual assault. The current law regarding any sexual assault in Texas is defined by the Texas Penal Code Section 22.011. It is classified as a felony of the second degree, and is a very serious crime that can result in a minimum of two years in prison and a maximum of twenty years in prison, along with a fine of up to $10,000.

In the state Missouri if someone is being verbally abused, and their husband is having non- consensual sex with them, can the mother take the children out of state?

In most situations, the mother can legally take the children out of state without being in any legal trouble, but the husband could file for custody, and then the mother will be court ordered to return the children. If she feels she has been verbally abused, mentally abused or sexually abused, she can request a restraining order on her husband. Many support groups can help women in getting a restraining order against their spouse for this type of situation.

What are a mother’s rights in allowing the father to have visitation rights when he has sexually abused the mother?

The law on child custody states that the child is allowed to have contact with both parents, but only if it is a safe environment. In most cases, as part of the father’s rights, he can be awarded supervised visitation with the child. With the assault charges the court would grant only supervised visitation rights in most cases.

When did marital rape become illegal?

Marital rape is a crime in all fifty states and usually is a federal offence for a husband to rape his wife. Under at least one section of the sexual offense codes, marital rape is a crime in all fifty states. However, each state has its own sexual offense laws. Till the year 1976 a husband could not be charged with raping his wife, as stated in the rape law called the Marital Rape Exemption. This excused men from trial for rape cases if the woman he raped was his wife. Marital rape is used to describe sexual acts committed without the consent of the spouse. The spouse may use many things such as, physical force, threats, physical harm, or making them fear that physical harm is implied. When someone has been through a marital rape situation, it can be very hard on their life. They are not able to comprehend their rights, and what they can do about this because not always do they know the marital rape laws.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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