can a husband rape his wife in Florida?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.")
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 AttorneyPages.com 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.