Marital Rape

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defense for marital rape in ohio and kentucky"Marital Rape" charges indicate that the victim of the alleged rape was the spouse of the accused offender.

Ohio law states that if the offender and the victim were married or were cohabiting at the time of the commission of the rape, it is not a defense. In 1990, the Kentucky General Assembly passed legislation to remove the spousal exclusion in the sexual offense chapter of the penal code. Both states recognize Marital Rape or Spousal Rape as a criminal offense.

Wrongly Accused of Marital Rape

Spousal rape charges are often made during a contentious divorce proceeding or combative child custody struggle. These charges, as in all rape cases, can be difficult to prove since there are:

  • no material witnesses or physical evidence involved and;
  • charges are based largely on the testimony of the accuser and defendant

Defense preparation depends upon careful investigative work with regards to circumstantial information such as psychological profiles or criminal history and can sometimes keep these cases from going to trial. Therefore it is crucial that you retain legal counsel experienced in rape cases as early as possible.



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