Rape within the marriage is a crime in Mississippi. It’s important to understand that certain criteria have to be met though. From a legal standpoint, rape within a marriage occurs if there is a use of force involved. This means that the victim (spouse) was physically overpowered during the event in question. Cases involving spousal rape and other domestic criminal charges can be complicated, so it’s a good idea to speak with a criminal defense attorney as soon as possible after your arrest.Rape and Sexual Battery Within The Marriage
Rape and sexual battery within the marriage can lead to criminal changes. Just because two people are married, that doesn’t mean one person can sexually assault, batter or rape the other person. Rape in a marriage can occur, in spite of what a lot of people might think. Every case is different and circumstances can vary greatly from case to case, but one thing is for certain. If you’re convicted of spousal rape, you’re likely going to face harsh penalties due to the sexual nature of the crime.Use of Force and Spousal Rape
In Mississippi, in order for a charge of spousal rape to stick, there has to be the element of use of force. In most cases, this is physically overpowering somebody. It could take the form of striking or hitting a spouse or physically holding that person down against their will. While physical brute force is certainly the most common form of force we think of involving spousal rape, it’s not the only type. Drugging somebody as a means of overpowering them sexually could also be considered a type of force used during the commission of a rape.Not Just Physical Force
Any type of force used against a spouse in order to have non-consensual sex with him or her could possible be considered use of force in a case involving alleged spousal rape. Although the prosecution might try to apply the “use of force” element to a variety of different situations, this can sometimes be difficult to prove. You and your criminal defense lawyer can talk about the unique complexities and circumstances regarding your particular case and your defense. After any type of arrest involving spousal rape charges or sexual battery within the marriage, you need to speak with a lawyer immediately. These cases aren’t always cut and dry, so your best bet is getting into contact with a lawyer as soon as possible about your defense.Penalties Associated With Spousal Rape
Although no two cases are exactly alike, if convicted of spousal rape in the State of Mississippi, there is a good chance you could be facing prison time. At the minimum, you could be facing two years in a correctional facility. At the maximum, for one count of sexual battery, you could be looking at up to 30 years behind bars. In addition to prison time, you could also be facing expensive fines. After your debt to society has been paid, you will likely be added to the sexual offender registry too.Long-term Implications of Spousal Rape Conviction
Even though spousal rape is a crime that happens within a marriage, there are many long-term implications that are associated with this type of crime. Since it’s a sex crime, you’ll most likely end up on the sex offender registry. This label can follow you around for life and have a seriously detrimental impact on your ability to earn a living, get housing, find a job and live your life. Since the stigma associated with convicted sex offenders is so vast, it’s important to get in touch with a criminal defense attorney who has proven sex crimes case experience as soon as possible after your arrest.Jackson Criminal Defense Lawyer
While it’s not talked about as much as other sexual crimes, spousal rape charges can and do occur. The State of Mississippi takes these charges seriously, even though there are certain specific force-related criteria that have to be met in order for a conviction. No matter what the circumstances of your case are, remember to exercise your right to remain silent. It won’t make you look guilty, and it could save you a lot of trouble. After an arrest or charges, politely decline to answer any questions until you’ve spoken with your lawyer. It could mean the difference between jail time and walking free.
If you have been arrested and charged with spousal rape or some other type of sex crime, contact the skilled criminal defense team at Coxwell & Associates, PLLC at (601) 948-1600 for an immediate consultation today.