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Sexual Assault of a Spouse Accusations & Defenses

Sexual assault of any kind is considered a severe sex crime in Nevada that will often be charged as a felony. While it can be difficult to protect yourself from such an accusation, mounting a defense against marital rape accusations can be an even more delicate and intricate process. It is not, however, impossible.

No Force, Possibly No Crime

Nevada defines rape as the engagement of sexual intercourse with or against someone who did not consent to the act. In cases of marital rape, however, Nevada legal statutes tend to require some show of force or threat of force in order for it to be considered sexual assault. That is to say that if there is no force but still no consent, it will likely not be considered a crime, so long as both parties are married to one another.

There are very few states that allow this exception in the legal definition of sexual assault of a spouse. It is crucial to use it in your defense and to your advantage if you live in Nevada and are accused of marital rape. Without evidence of force, there is no real evidence of a crime, regardless of whether or not sexual intercourse occurred.

Evidence that you can use in your defense may include:

  • Medical records, or lack thereof, showing no harm done to your spouse.
  • Your criminal record, or lack thereof, showing no violent tendencies.
  • Testimonies from neighbors or friends showing you had a healthy marriage.

You will essentially want to do everything in your power to show the court that you would not be inclined to commit marital rape, either due to a lack of force or due to a misunderstanding of consent. Sometimes it can be difficult to create a positive image of ourselves since we are often our own harshest critics. This is where the Law Office of David R. Fischer and our Las Vegas criminal defense attorney can step in and assist you.

With our legal counsel, guidance, and representation, you can focus on other aspects of your life while we construct a defense case on your behalf. Attorney Fischer has maintained a flawless 10.0 “Superb” Avvo rating and has been named as “Top Lawyer for Criminal Defense (2014)” by Desert Companion Magazine, so you know you can trust him with your marital rape case. Call 702.866.9864 today or schedule an appointment online.

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