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Marital Rape Laws Charge – Virginia Beach Lawyers
There are many different penalties for a Marital Rape Laws charge in Virginia.
If you are dealing with a Marital Rape in Virginia, contact our law firm immediately for help.
Marital Rape Laws Defense In Virginia Beach
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Jackson v. Commonwealth
Defendant contested his conviction of marital rape. The court reversed the conviction and found that the evidence was not sufficient to establish beyond a reasonable doubt the three elements necessary to sustain a conviction for marital rape. The court found that the evidence showed that the victim lived separate and apart from her husband, and that she refrained from voluntary sexual intercourse with defendant.
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The Virginia Court made the following holding:
- In a case of marital rape, the prosecution, in addition to establishing a violation of the general rape statute, Va. Code Ann. § 18.2-61, must prove beyond a reasonable doubt that the wife unilaterally had revoked her implied consent to marital intercourse. The wife’s revocation of consent must be demonstrated by a manifest intent to terminate the marital relationship. The facts necessary to show this intention to terminate must reveal that the wife: has lived separate and apart from the husband; has refrained from voluntary sexual intercourse with her husband; and, in light of all the circumstances, has conducted herself in a manner that establishes a de facto end to the marriage. In this context, de facto means in fact, or actually.
- A wife can unilaterally revoke her implied consent to marital sex where she has made manifest her intent to terminate the marital relationship by living separate and apart from her husband; refraining from voluntary sexual intercourse with her husband; and, in light of all the circumstances, conducting herself in a manner that establishes a de facto end to the marriage. And, once the implied consent is revoked, even though the parties have not yet obtained a divorce, the husband can be found guilty of raping his wife, if the evidence against him establishes a violation of Va. Code Ann. § 18.2-61.
Marital Rape Laws Defense In Virginia
Article written by A Sris
Sris Law Group