Marital sexual assault is generally defined as sexual contact or touching by a person on their spouse with force, threat of force, or violence. What makes it sexual assault between spouses is one spouse does not give their consent to the sexual contact.
Yes. Under Nevada law, the two charges are essentially the same. However, the difference is that spousal sexual assault happens between spouses and not individuals who are strangers or merely dating.
Sexual penetration is:
It is no defense to a sexual assault charge when the person accused of sexual assault was married to the victim. This is because marriage is not automatic consent to all sexual conduct.
A person convicted of spousal sexual assault in Nevada may be sentenced to life with parole after 10 years in prison. However, if the spouse suffered any type of serious bodily harm, the defendant will face more prison time. If defendant causes their victim to suffer serious bodily harm, then the defendant will face a sentence of either life without parole or life with the possibility of parole after 15 years.
Sexual assault is a serious charge. Contact a Nevada criminal attorney immediately if you are accused of sexually assaulting your spouse.
Last Modified: 10-11-2016 01:04 PM PDTLaw Library Disclaimer
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