Tampa Spousal Rape Defense Lawyer
Facing Charges of Spousal Rape?
When the act of intercourse is pushed or forced upon another then this form of non-consensual sex is generally considered to be rape. Despite most depictions or images of rape being carried out by random attacks and strangers this is not in fact the case. The vast majority of rape cases occur between individuals that are familiar or acquainted with one another. In many cases this prior relationship may very often been a sexual relationship which creates a very complex and vague set of circumstances for proving that a rape actually occurred or that consent was not present.
To further complicate matters, it is also true that consent can be given and then withdrawn during the course of the act. Often how consent is given or denied is confusing and commonly miscommunication takes place.
Nowhere does this become more of a grey issue than in the area of spousal rape. Given the existence of certain conjugal rights and the assumption of consent due to the nature of the relationship this can create a very messy legal tangle. To properly defend your case and your rights requires the expertise of a seasoned Tampa sex crimes defense attorney. Attorney Timothy Hessinger has spent years on both the prosecution and defense sides of criminal law. We are deeply familiar with what it takes to properly defend a client and to even work of a complete dismissal of all charges.
More Information on What Constitutes Consent
One of the main factors viewed in determining if rape occurred is the element of consent. Even in a marriage there must be consent for intercourse or it can be deemed rape and treated as a sex crime. While there are many factors to be considered there are some general principles on this subject:
- The use of force, or the threat of physical force, to obtain sex.
- Placing a victim in fear of personal harm or that harm may occur to another third party such as a child if sex is not given.
- Sex with a physically helpless individual. This could be an unconscious person or anyone that is physically unable to communicate consent.
- An individual that does not have the mental capacity to give consent.
- A "Date Rape" scenario where either due to drugs or alcohol the victim is not capable of granting or denying consent
- As a general rule there is the "no means no" concept. This validates any expression of non-consent that was given in a manner that could have been reasonably understood.
Spousal rape charges are quite complex and can be treated as sex crimes. Contact a Tampa spousal rape lawyer
for help in fighting these charges.