Can a husband date rape his wife if she knowingly and voluntarily intoxicates herself?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a husband date rape his wife if she knowingly and voluntarily intoxicates herself?

We had relations in the past while she was under the influence and it was not a problem. She said she asked me not to have sex with her while she was in that condition before but I don’t remember that at all. I definitely know she didn’t say that the 2 times this happened.

Asked on May 15, 2009 under Criminal Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under Maryland law, a person may be prosecuted for an offense described below if ; (1) the parties are living together, and (2) the person uses force against the will and without consent of the person's legal spouse.

  • First degree rape if the person engages in vaginal intercourse by force or threat of force against the will and without the consent of the other person. Article 27, Section 462(a)
  • Second degree rape by force or threat of force against the will and without consent of the other person. Article 27, Section 463(a)(1)
  • Third degree sexual contact if the person employs a dangerous or deadly weapon, or inflicts suffocation, strangulation, disfigurement or serious physical injury. Article 27, 464B(a)(i) and (ii)

There are questions as to the consent issue since you wife was intoxicated; additionally you did not address the issue of what, if any, force was used.  Bottom line, if you think that your wife will try to pursue this as a criminal matter you should see an attorney in your area.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption