Spousal Rape
It is important to remember that rape and sexual assault within a marriage is possible and does occur.
Spousal Rape, commonly known as Marital Rape, is non-consensual intercourse in which the perpetrator is the victim’s marital partner or spouse.
Unfortunately, an alarming number of Australian women do not report the occurrence of spousal rape, believing that because it is their husband/spouse committing the act, it is all okay. However, in reality, it is not okay and in fact, it is a crime. LAC Lawyers can assist these women in commencing legal proceedings and putting a stop to spousal rape.
Consent
The Crimes Act (NSW) 1900 states that a person consents to sexual intercourse if the person freely and voluntarily agrees to the sexual intercourse.
The prosecution must prove, beyond reasonable doubt, that the sexual intercourse was committed without consent. If you have suffered or are suffering from spousal rape, you should seek immediate legal assistance from our LAC Family Lawyers who can assist you in establishing beyond reasonable doubt that there was a lack of consent.
Our Family Law Solicitors are also aware that the Defence will do its best to argue that there was in fact consent, due to:
- The woman’s provocative behaviour and/or appearance led the partner to believe that it was consensual intercourse.
- The woman may have been intoxicated, wearing something revealing or sent sexual signals that encouraged her partner/spouse to commit such action.
- The woman is not telling the truth and is making false allegations for their own vengeful or fraudulent ends.
Often women feel that they were raped because it was their own fault and because they didn’t resist or do anything to stop the perpetrator, they are considered as having consented to the sexual intercourse. However, it is important to remember that a person who does not offer signs of physical resistance, is not to be regarded as consenting to the sexual intercourse.
Situations where consent cannot be proven
The circumstances in which a person does not freely agree to an act include the following;
- the person does not have the capacity to consent to the sexual intercourse due to age or cognitive incapacity;
- the person does not have the opportunity to consent to the sexual intercourse because the person is asleep;
- the person consents to the sexual intercourse because of threats of force or terror (whether the threats are against, or the terror is instilled, in that person or any other person);
- the person consents to the sexual intercourse because that person is detained;
- the person is mistaken about the sexual nature of the act or the identity of the person;
- the person mistakenly believes that the act is for medical or hygienic purposes.
The first step in addressing this problem is acknowledging the fact that a person is a victim of spousal rape. If you are suffering from spousal rape, you should seek legal advice from LAC Family Lawyers, who can assist you in putting a stop to such crime.
