can a husband rape his wife in Florida?

I was told in the state of Florida, if the 2 parties are married, they can’t cry rape! Is that true?

Asked on June 14, 2009 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Not so. Spouses have no right to rape their spouses in any state, including Florida. If a spouse does not consent to sex, it is rape, without exception. If you look at the Florida criminal code relating to rape, found at http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0794/SEC011.HTM&Title=->2008->Ch0794->Section%20011#0794.011 you'll see that there is no exception to the definition of rape for marriage or spouses. (If the link doesn't work, trying Googling or otherwise searching "Florida Criminal Code.")


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