Is it considered rape if it’s your spouse that did it?

UPDATED: Jan 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it considered rape if it’s your spouse that did it?

My spouse and I were pretty much separated but I had a surgery and needed him to help with kids. I came home and he raped me. Not only that it was videoed, anything I can do? It’s been months ago but I can’t deal with it happening so I don’t know if I waited too late to press charges. It’s embarrassing that my own husband would do that.

Asked on January 6, 2012 under Criminal Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written about, your spouse can be charged with rape. Rape is unconsented sexual intercourse with another person regardless of the sex of the people engaging in the conduct.

If the conduct was videotaped there is a possibility that the time frame may not be too distant for criminal charges to be filed. I suggest that you make a police report with law enforcement about the incident. Once the police report is completed, it will be forwarded to the district attorney's office for a decision to prosecute or not.

I also suggest that you consider meeting with a counselor over what happened.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption