West Chester PA Marital Rape Lawyer
The History of Marital Rape Laws in Pennsylvania
While spousal rape is a crime in the United States today—in every state—it wasn’t always so. Under English common law, it was held that it was not legally possible for a man to rape his wife. In fact, it was believed that marriage granted permanent consent, which could not be retracted so long as the marriage was valid. These ideas held true for centuries, until 1979, when a pair of cases changed the legal attitudes about marital rape. A man in Salem, Oregon was found not guilty of raping his wife, yet despite the outcome, a spokeswoman for the National Organization for Women stated the very fact there was a case charging marital rape meant there were changes coming.
Then in the first-ever American conviction for marital rape, a Salem Massachusetts bartender came into the home he once shared with his now-estranged wife, and raped her. This case was easier for juries to decide, as the couple was in the middle of a contentious divorce, and the man no longer lived in the house, adding the elements of violence and home invasion. By 1983, 17 states allowed prosecution for marital rape, and by 1991 an article revealed that as many as 15 percent of married women would experience spousal rape, yet few of those would be reported. Soon all the states in the United States would make the offense of marital rape a crime.
Rape of a Spouse is Still Rape Under Pennsylvania Law
There is a misperception that only strangers commit rape, however under Pennsylvania law, rape by a spouse is still rape. Despite this, the more intimate the relationship—such as a marriage, the more likely the victim may be perceived as being less sincere in his or her protests. The charges of marital rape can be a double-edged sword—there are those who absolutely experience rape at the hands of their spouse, and there are spouses who make false allegations of marital rape as a means of “getting even” with their spouse for another issue. Sorting through the two can be a difficult issue for the Pennsylvania court system. Those who are falsely accused must take immediate action. Your home, your job, your liberty, your reputation and your future are at stake.
It is important that you not assume a jury will not find you guilty, because it does happen, and you can be convicted when the only evidence present is your spouse’s word. Even without DNA evidence or any other evidence which corroborates your spouse’s accusation, you can still be convicted. The accuser in marital rape charges must only claim that a single sexual act during the marriage was non-consensual. Such charges may be made during a contentious divorce or an ugly child custody case. The charges of marital rape may be accompanied by charges of domestic violence, false imprisonment or even kidnapping, depending on the circumstances surrounding the offense.
Penalties Associated with a Conviction for Marital Rape Charges
Under Pennsylvania Statutes, Section 3121, rape is rape—the law does not distinguish between married and unmarried perpetrators and victims. Rape, under Pennsylvania law is a first-degree felony, with penalties including a fine, up to 20 years in prison or both. If date rape drugs were used in the commission of the rape, the court can impose up to ten additional years in prison, and an increased fine. As you can see, the penalties for a conviction of marital rape are very harsh. Aside from spending time in prison and paying a fine, you could also be forced to register as a sex offender once you are released from prison. This means you could be unable to find employment, obtain a professional license, return to college on a government student loan, own a firearm, vote, or even rent a home. You could have difficulty getting visitation with your children or you could lose the custody or visitation rights you currently have. Finally, there is a huge stigma attached to those who are registered sex offenders, which never goes away.
What to Remember if You are Arrested and Charged with Marital Rape
The primary thing you must remember if arrested and charged with marital rape in the state of Pennsylvania is to take your Miranda Rights seriously. Don’t try to “explain” to the police officer, no matter how badly you want your side heard. Politely refuse to answer questions until you have spoken to your attorney, then get a Pennsylvania criminal defense attorney on board as soon as possible.
These are extremely serious charges, and how you react to your arrest could have bearing on how zealously the prosecutor will pursue the charges of marital rape. Even if the charges are completely without merit and are being leveled by an angry, vengeful spouse, try to remain calm, and quiet until you have spoken to your attorney. Your attorney will thoroughly explore every defense available to you under the circumstances related to your charges, and will work hard for the best outcome possible.
Contact Our West Chester Sex Crimes Defense Attorney
Your attorney’s job is to contest the legality of any search and seizure, protect your right to remain silent, contest the evidence, or argue there is a serious lack of evidence, and put the burden on the prosecutor to prove the allegations. Unfortunately, charges of marital rape often hinge on the “he said-she said,” meaning it can be difficult to prove your innocence, and the case may come down to which of you is the most believable. Your attorney’s negotiation skills may result in a reduction of charges, a dismissal of the charges, or a reduction of penalties in the worst-case scenario of a conviction. Don’t underestimate the importance of a knowledgeable, skilled attorney when you have been charged with marital rape.
If you have been charged with marital rape in Pennsylvania, it is crucial you speak to an experienced Pennsylvania sex crimes defense attorney in order to ensure your rights are protected and your future holds some hope. The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.