Up until the early 1970’s, raping one’s husband or wife wasn’t criminally chargeable in many states. It was commonplace for spouses to succumb to whatever physical demands their partner wanted. All that changed when laws in California made spousal rape illegal and, in fact, punishable similarly as strangers who rape individuals. Today, it’s not uncommon for individuals to get charged and sentenced harshly for this act.
By default, all defendants are innocent until plea deals or juries state otherwise. Okabe & Haushalter has defended individuals accused of spousal rape, providing an incredible spousal rape attorney to those being questioned by police or formally charged with raping their husband or wife.
In California, it’s entirely possible to be charged without having touched your spouse, which is why retaining counsel immediately should be priority number one.
Forcing your wife into having sexual intercourse seems odd, but that’s one method victims bring charges against individuals. Unsubstantiated claims of rape could put innocent people behind bars, especially when they’re claiming intercourse was consensual. Even if hospitals perform rape kits and take DNA from both parties, claims could be deemed baseless if consensual sexual intercourse happened one week ago, but rape supposedly happened yesterday.
Another way prosecutors can bring charges against spouses is by claiming sex with spouse happened while they were too intoxicated to consent. Not saying anything makes rapists just as culpable as if someone said no, according to what some courts have contended. Proving someone performed sexual acts while someone was passed out takes prepondering evidence that not always can be produced.
Finally, it’s entirely possible persons accused of spousal rape are victims instead. Men or women who threaten to get someone’s green card revoked if sexual interactions are refused can be charged with spousal rape. By saying no, the other party simply fabricates stories that rape happened, which could revoke citizenship status by virtue of allegation alone.
Palo Alto spousal rape attorney assistance is necessary to navigate the complex California Penal Code regarding this serious crime. Those with unrelated criminal records could find themselves imprisoned for extended periods even if they’re completely innocent.
Okabe & Haushalter firmly believes that those accused of spousal sexual harassment are innocent until their guilt is irrefutable.
Your case is important to our firm. Our Palo Alto spousal rape attorney offers an intelligent approach to defending your freedom which includes total evaluation of your discovery, bringing in our own experts when necessary, and helping to raise enough doubt to get juries to find you not guilty.
Spousal rape convictions may force people into a life that includes working for less than their worth, not being able to rent homes and losing contact with their minor children. Innocent people could find themselves behind bars if their spouses are conspiring to put them there, too.
Your attorney must be strong enough to work all the angles of your case. Don’t take chances with your freedom, and hire Okabe & Haushalter to defend spousal rape charges today.
