The very nature of a sexual assault or rape accusation implies there was no consent between the accused and the accuser. With this in mind, a marital rape accusation creates a cloudy, gray area where it can be difficult to find the truth. Allowing someone to be convicted of a serious sex crime in a situation with inherent uncertainties is unthinkable and an affront to the criminal justice system.
Implied Consent is Consent to a Reasonable Person
The problem with most marital rape accusations is the real possibility that implied consent was assumed. Most accusations describe situations of nonviolence but also without any spoken consent. However, it is not a stretch of the imagination to any extent to imagine a situation in which a married couple, or even a couple that has been intimate for a while, to engage in sexual activity without ever saying a word of clear consent.
People who are accused of marital rape are often and understandably shocked when the police come to investigate, or put them in handcuffs. To a reasonable person who has been married to their spouse for any amount of time, they would assume they do not need to hear exact words of consent in order to advance in sexual activities. Even if a spouse initially seems hesitant to romantic involvement but seems to change their mind in a moment, a reasonable person would think nothing wrong and certainly nothing illegal happened. To them, it would seem like their spouse decided they were in the mood to be intimate.
Furthermore, marriages are built upon openness and trust. A reasonable spouse would assume their wife or husband would tell them straight-up “no” if they wanted to stop all sexual activity because they should know that they are fine with it. Without that keyword being used, the idea of consent is still reasonably held by most people.
Protect Yourself from Unjust Marital Rape Charges
As it can be seen, a conviction for marital rape is truly unjustified in the vast majority of cases. Accusations are usually built upon exaggerations, if not complete fabrications from jilted spouses. The state also needs to prove beyond a reasonable doubt that the accused knew consent had not been given.
Still, prosecutions and judges alike tend to favor accusers in marital rape cases in order to save face with the public eye. If you are being accused of marital rape in Massachusetts, then you need a powerhouse attorney like Brad Bailey and his team of Boston criminal defense attorneys on your side. Brad has personally and successfully defended sex crimes clients in a number of cases that caught the attention of national news organizations. Discover how he and his firm can help you by calling (617) 500-0252 to request a confidential consultation about your charges and legal options.