QUESTION

Can a man be guilty of a sex crime if they are romantically involved?

Asked on Feb 18th, 2013 on Criminal Law - California
More details to this question:
A woman is staying at a man's house. She is carried forcibly to his bed, pinned beneath him, little or no struggle, she verbally protests and he voluntarily lets her go. Is he guilty of a crime or sex crime and does it change anything if they are romantically involved or just know each other?
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Answered on Feb 21st, 2013 at 1:55 PM
That can be charged as an assault with the intent to commit rape (CA Penal Code 220), an attempted rape, among other things. Interestingly, one can be charged with rape one's own spouse. So, it doesn't really change anything.

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Answered on Feb 21st, 2013 at 1:55 PM
This could be a sexual assault, but not a rape or other forcible sex crime.

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Answered on Feb 21st, 2013 at 1:55 PM
It is not a defense to claim that you had a relationship with the victim. I have defended husbands who are accused of raping their wives. Have you heard of "date rape"? Date rape is the crime of raping (or sexually assaulting) someone with whom you previously had a relationship. It is still illegal.

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Answered on Feb 21st, 2013 at 2:36 AM
Can a man be guilty of a sex crime if they are romantically involved. Of course. If she says it was attempted rape, or sexual assault or battery, you've got a serious problem. Once she says no , further pursuit is criminal. It that is you being charged, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

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