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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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