Marital rape is a crime in all 50 states, and has been since 1994. A rape is committed any time one person forces another to have nonconsensual sex, regardless of the relationship between the two parties. It covers all sexual acts. Force can include assault, threats, or intimidation.  

Being married is not a defense. Being religious is not a defense.

Texas sexual assault laws are also gender-neutral. It is possible for people of any gender to rape one another. 

The Charges

In Texas, a spouse or intimate partner may be charged with sexual assault or aggravated sexual assault. 

Sexual assault is aggravated when it causes serious bodily injury, causes or attempts to cause death, or placed the victim in fear of death or bodily injury. Sexual assault is also aggravated if the perpetrator used deadly weapons or used date rape drugs. Finally, it is aggravated if the spouse is older than 65 or younger than 14.

There is a ten year statute of limitations for all sexual assault offenses. 

The Penalties

Penalties for marital rape are severe in Texas. You can face two to 20 years in prison and fines of up to $10,000 for a first offense. If accused of aggravated sexual assault, you face 5 to 99 years in prison, plus fines. 

In addition, your spouse may be able to bring an injury case against you in civil court. This may mean paying even more money for the spouse’s alleged injuries, pain, and suffering.

Defending Marital Rape Charges

As your Houston, TX criminal defense attorneys, it would be our job to help you defend against these charges. We can do this in a number of ways.

  • Proving the sex act was consensual, or that you had every reason to believe consent was given.
  • Proving the accuser has ulterior motives for making the accusation, such as gaining the upper hand in a divorce settlement. 
  • Challenging the scientific veracity of medical evidence. 

In many cases, we can prove there is insufficient evidence to pursue the case, and get your charges dropped or dismissed.

If your spouse has evidence of assault, or a prolonged period of intimate partner violence, this will complicate your case. You will need to share this information with us. 

It’s not our place to judge you, nor are we concerned with factual guilt. We’re concerned only with proving your legal guilt or innocence. If you’ve been accused of spousal rape, don’t delay. Reach out to our law office to get help with your case. 

See also:

What Houston, TX Residents Need to Know About Harassment

What is the Texas Stalking Statute?

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

 

A+ Rated

Houston Criminal Lawyer

icon-2
Former Prosecutors

On Your Side

experience-min
Trial Proven

State and Federal

thumbsup-min
Over 2,500 Clients

Helped in Texas

Marital rape is a crime in all 50 states, and has been since 1994. A rape is committed any time one person forces another to have nonconsensual sex, regardless of the relationship between the two parties. It covers all sexual acts. Force can include assault, threats, or intimidation.  

Being married is not a defense. Being religious is not a defense.

Texas sexual assault laws are also gender-neutral. It is possible for people of any gender to rape one another. 

The Charges

In Texas, a spouse or intimate partner may be charged with sexual assault or aggravated sexual assault. 

Sexual assault is aggravated when it causes serious bodily injury, causes or attempts to cause death, or placed the victim in fear of death or bodily injury. Sexual assault is also aggravated if the perpetrator used deadly weapons or used date rape drugs. Finally, it is aggravated if the spouse is older than 65 or younger than 14.

There is a ten year statute of limitations for all sexual assault offenses. 

The Penalties

Penalties for marital rape are severe in Texas. You can face two to 20 years in prison and fines of up to $10,000 for a first offense. If accused of aggravated sexual assault, you face 5 to 99 years in prison, plus fines. 

In addition, your spouse may be able to bring an injury case against you in civil court. This may mean paying even more money for the spouse’s alleged injuries, pain, and suffering.

Defending Marital Rape Charges

As your Houston, TX criminal defense attorneys, it would be our job to help you defend against these charges. We can do this in a number of ways.

  • Proving the sex act was consensual, or that you had every reason to believe consent was given.
  • Proving the accuser has ulterior motives for making the accusation, such as gaining the upper hand in a divorce settlement. 
  • Challenging the scientific veracity of medical evidence. 

In many cases, we can prove there is insufficient evidence to pursue the case, and get your charges dropped or dismissed.

If your spouse has evidence of assault, or a prolonged period of intimate partner violence, this will complicate your case. You will need to share this information with us. 

It’s not our place to judge you, nor are we concerned with factual guilt. We’re concerned only with proving your legal guilt or innocence. If you’ve been accused of spousal rape, don’t delay. Reach out to our law office to get help with your case. 

See also:

What Houston, TX Residents Need to Know About Harassment

What is the Texas Stalking Statute?

How to Exercise Your Right to Remain Silent After a Houston, TX Arrest

 

AWARDS & RECOGNITION
TESTIMONIALS

Rated 5/5 based on 52 customer reviews

DarkLogo
GrecoNeylandStars
Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
Next Reviews Write a review
Shadow1
FREE CASE REVIEW

No Pressure. Speak To An Attorney. No Hidden Fees.

OR CALL 713.972.1100