marital wedding rings

What to Know About Marital Rape in Texas

Rape, a type of sexual assault, is a serious crime that involves non-consensual intercourse. When rape occurs with a spouse it is commonly referred to as marital rape. People are capable of raping their spouses. Regardless of what some may believe, women have no duty to have sex with their husbands. When someone says no and the other person continues with the act, this is non-consensual. 

Marital rape is a type of partner rape, which is also a type of domestic abuse and sexual violence. It is a crime in all 50 states in the United States. Texas classifies marital rape as a second-degree felony, which can result in two to twenty years in prison and a fine of up to $10,000. 

A person commits rape under Texas law if he or she intentionally or knowingly:

  1. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent;
  1. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or
  1. causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

intentionally or knowingly:

  1. causes the penetration of the anus or sexual organ of a child by any means;
  1. causes the penetration of the mouth of a child by the sexual organ of the actor;
  1. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
  1. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
  1. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

When is a Sexual Act Considered to be Without Consent?

A sexual assault is considered to be without the consent of the other person if:

  1. the actor compels the other person to submit or participate by the use of physical force or violence;
  1. the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
  1. the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
  1. the actor knows that as a result of mental disease or defects the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
  1. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
  1. the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;
  1. the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
  1. the actor is a public servant who coerces the other person to submit or participate;
  1. the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
  1. the actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
  1. the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Charged with Marital Rape or Sexual Assault

Any charge of sexual assault, such as marital rape, can have a major impact on your life and should be taken very seriously. That’s why it’s in your best interest to consult with a knowledgeable Texas criminal defense attorney. 

At Ceja Law Firm PLLC, we understand the serious nature of such a criminal charge. That’s why we will work to help you obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!