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.

Is Sexual Assault the Same as Sexual Assault by Spouse?

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.

What Is Sexual Penetration?

Sexual penetration is:

  • Sexual intercourse
  • Fellatio
  • Cunnilingus
  • Sodomy
  • Any intrusion into a spouse’s body, regardless of how slight the intrusion is
  • Any use of an object for insertion or manipulate into a spouse’s anal opening or genitals

Is Being Married a Defense to Sexual Assault in Nevada?

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.

What Is the Penalty for Spousal Sexual Assault?

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.

Do I Need an Attorney for My Spousal Sexual Assault Case?

Sexual assault is a serious charge. Contact a Nevada criminal attorney immediately if you are accused of sexually assaulting your spouse.