Philadelphia Marital Rape Lawyers

At one point in our history, many states in the United States did not consider rape or sexual assault something that could occur between spouses. Pennsylvania was one of these states. As attitudes began to change, Pennsylvania adopted a separate offense of spousal rape that was a lesser offense than the “standard” charge of rape. That changed as societal norms changed. 

Today, Pennsylvania law reflects that rape is rape regardless of whether the parties are strangers or married. If your spouse accuses you of marital rape, you must take those charges very seriously. Seek immediate representation from an experienced Pennsylvania criminal defense attorney.  A rape conviction in Pennsylvania can result in 20 years in prison and a fine as large as $25,000.

Because your reputation and your future are at stake, you should never attempt to handle these charges on your own.  In addition, a rape conviction will land you on the national sex offender registry—which is a public registry that anyone can see. Failure to register is an additional felony, resulting in additional prison time and large fines. The sex offender registry can dictate where you live and work and can make a huge difference in your future.  

Having a strong legal advocate by your side following charges of marital rape can make a huge difference in the outcome of your charges. Having an attorney who has significant experience in defending those accused of sex crimes gives you the best chance of being able to have a future that does not include prison, high fines, and being on the sexual registry. You need an attorney who will fight for you from the minute they are hired and throughout the process. 

How is Rape Defined?

Any person who is forced to have sexual intercourse against their will—without consent—is a victim of rape, whether the intercourse is vaginal, oral, anal, or penetration by an object. When sexual intercourse occurs in the following ways, it is considered rape—and a first-degree felony:

  • Sexual intercourse occurs through force
  • There was a threat of force that prevented resistance by the alleged victim
  • The alleged victim was unconscious or otherwise unaware the intercourse was happening
  • The alleged victim is mentally disabled or otherwise incapable of consent
  • Drugs or intoxicants were administered to the alleged victim without their knowledge, thus rendering them unable to control their conduct or consent to the act of sexual intercourse

Marital Rape is an act of rape alleged to have occurred within the context of a married relationship. The accuser must only claim that a single sexual act during the marriage was non-consensual, leading to rape charges. Such charges are sometimes made or threatened during contentious divorces.  

The charges of marital rape can be difficult for both parties; while there are those who do experience rape at the hands of their spouse, there are also spouses that make false allegations of marital rape. Some spouses may do this as a means of getting revenge on their spouse for something else, or they may use the allegations as a way to gain an advantage during an upcoming divorce or a child custody issue. If you have been falsely accused, it is essential that you immediately take action. Your liberty, your reputation, your job, your future, and even your home could be at stake. 

Unfortunately, many people charged with rape who know they are innocent don’t feel the need to hire an attorney—after all, they didn’t commit the crime. It is important that you understand that you can conceivably be convicted of a serious crime based only on the word of your spouse. When charged with marital rape, the accuser must only claim that a single-sex act during the marriage was non-consensual—and convince a jury that the claim is true. 

What Should You Do if Charged with Rape?

If you are charged with rape, your first priority should be to obtain experienced legal representation. Speaking to the police is never a good idea. The police are allowed to lie to you in order to get you to say what they want you to say. They can tell you that if you just explain what happened to them, you will be allowed to go home. Never, ever believe this. Anything you say can be taken out of context and used against you. Don’t answer questions, and don’t offer any information whatsoever. You are allowed to refuse to answer questions until your lawyer arrives. 

The sooner you can make that happen, the better. Having your attorney on your case as quickly as possible is the best way to do damage control. Just remember—there is absolutely no way to talk yourself out of the charges. Try to stay clear-headed following your arrest. The police may make mistakes in the way your case is handled or may violate your civil rights. Remembering every detail of your arrest can potentially give your attorney a defense to your charges.   

Many people mistakenly believe that the police will not investigate an allegation of rape made by one spouse against the other. However, these allegations often arise in the context of a fight between a married couple, and they often involve equally serious allegations of kidnapping, false imprisonment or domestic violence. 

Many people also mistakenly believe that they cannot be convicted if there is no DNA evidence or other evidence corroborating the victim’s accusation. This is not true. You can be convicted when the only evidence is the victim’s word.  

When charged with a sex crime, the mere accusation of the crime can have a devastating effect on your life, including serious harm to your reputation, career, and personal relationships. A sex crime conviction can follow you for the rest of your life. If convicted, you can face a lifetime registration as a sex offender and severe criminal penalties. Regardless of the severity or circumstances of your offense, your sex offender registration becomes public record, and your neighbors and employers will be able to see this identification indefinitely.

The History of Marital Rape Laws

Until the late 1970s, most states did not consider spousal rape a crime. Typically, spouses were exempted from the sexual assault laws. For example, until 1993, North Carolina law stated that “a person may not be prosecuted under this article if the victim is the person’s legal spouse at the time of the commission of the alleged rape or sexual offense unless the parties are living separate and apart.” 

These laws are traceable to a pronouncement by Michael Hale, who was Chief Justice in England in the 17th century that a husband cannot be guilty of rape of his wife “for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto the husband which she cannot retract.”

The states used three different techniques for criminalizing spousal rape. The majority of states simply removed the marital rape exemption without adding any other language. Other states replaced the exclusionary language with text specifying that marriage to the victim is not a defense. A few states created a separate offense of “spousal rape.”  

While spousal rape is now considered a crime, victims often have to overcome additional legal hurdles to prosecution that are not present for other victims of rape. These include time limits for reporting the offense, a requirement that force or threat of force be used by the offender, and the fact that some sexual assault offenses still preclude spousal victims.

The most common approach states took to eliminate the spousal rape exemption was to simply remove the language which provided it. Pennsylvania initially had a separate offense of spousal rape, which was a lower-level offense than non-spousal rape. The law was repealed in 1995 to remove any language which indicated that the relationship between victim and offender was relevant, so that now in Pennsylvania, “rape is rape.” 

What Are the Most Common Defenses to Charges of Rape?

When you hire Lee Ciccarelli and his legal team to defend you against your rape charges, they will immediately investigate your case. An investigator can interview potential witnesses to confirm your version of events. We understand the position you are in and that the outcome will color the remainder of your life. In other words, we fully understand the serious nature of your charges. While your exact defense will depend on the circumstances surrounding your charges, the most common defenses for marital rape include:

  • Consent—Your partner consented to sex, then out of anger, alleged rape. 
  • Mistake—Your partner was intoxicated or high on drugs. They may not even remember what happened. 
  • Lack of credibility—The alleged victim may lack mental stability and could believe the rape occurred when it did not.
  • Inconsistencies in the alleged spouse’s story
  • False motivations on the spouse’s part—perhaps to improve the outcome of a divorce. 
  • Medical evidence challenges—Unfortunately, since it is reasonable to find a spouse’s DNA on the other spouse, DNA is not as compelling as in a non-marital rape. 
  • Lack of sufficient evidence—it must be shown beyond a reasonable doubt that the accused committed the crime of marital rape.  

How Does the Sex Registry Work?

Sex offenders must register with the Pennsylvania State Police, providing their contact information, photograph, DOB, fingerprints, and Social Security number. Those convicted of certain sex offenses must register for a specific time, depending on whether they get classified as Tier 1,2 or 3 offenders. If the conviction is for a sexually violent offense, the offender is not allowed to reside within 1,000 feet of school property without specific permission from the Department of Public Welfare. The following crimes require lifetime registration:

  • Any crime involving contact between genitals and mouth or anus, but not limited to sexual battery
  • Offenses involving child pornography
  • Rape
  • Aggravated indecent assault
  • Sexual abuse of a child under the age of 18

In addition to the requirement of sex offender registry, every person convicted of a sexually violent offense must undergo treatment, including counseling, education, drug testing, polygraph examinations, psychological evaluations, risk assessment tools, substance abuse evaluation, and psychiatric assessments.  

A Tier 1 offender is considered a low-level risk of re-offending, and there is no requirement for special supervision or treatment programs. 

Tier 2 offenders are considered moderate risk, meaning they pose a threat to public safety to the extent that they warrant close observation and management, including electronic monitoring devices and intensive supervision. 

Tier 3 offenders pose the greatest threat to society. These offenders have demonstrated serious difficulty controlling their behavior. This could be due to mental illness, drug abuse, developmental disability, or other factors that create a significant probability of future dangerousness. 

Other facts will contribute to the determination of an offender’s tier level. This includes the age of the offender at the time of conviction, whether the individual has any prior convictions, and the victim impact statement. If a person is between the ages of 18 and 20, they will automatically fall under the Tier 1 classification, while those 21 and over fall under Tier 2 and 3.

 A defendant with no prior convictions will likely fall under a Tier 1 offense, while those with a prior conviction—even a non-violent conviction—are more likely to be categorized as Tier 2 or 3. Even when an offender does not meet the definition of a Sexual Predator, they could still be placed into Tier 2 because of prior convictions. The victim’s opinion of the crime will affect how the offender is classified, as judges and juries tend to take these opinions very seriously. 

Those placed on the sexual offender registry can petition the court for relief from registration requirements. To be successful in such a petition, there must be a preponderance of the evidence that there is little likelihood of re-offending.  If the judge agrees, the individual’s name can be removed from the sexual offender registry. If not, you can appeal the decision to the appellate court. 

Contact Our Philadelphia Criminal Defense Lawyers Today

Our team of Philadelphia criminal defense lawyers are working on your case so that you have the benefit of several attorneys including Lee and using their combined efforts and experience to get you the justice you and your family need.  Get Justice. 

Our Philadelphia Center City location is:  Two Penn Center Plaza, Suite 200, Philadelphia, PA, and we make ourselves available to meet with you locally throughout Pennsylvania.  Our business and mailing address is 135 East State Street, Kennett Square PA 19348 in Chester County Pennsylvania.  

When you have been accused of a sex offense in Pennsylvania, you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases:  contact the Justice for the Accused Criminal defense team today.  Contact us 24/7 at (215) 515-6111.