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Is there such a thing as “spousal rape” in Nevada?

Posted by Neil Shouse | Feb 27, 2014 | 0 Comments

Yes. It is illegal in Nevada to use force…or threats of force…to sexually assault one's spouse. However, it is legal in Nevada to have sex with one's spouse without his/her consent as long as the person did not use force or threats of force: An example of this would be when the spouse is sleeping, unconscious, very intoxicated, or otherwise unable to give consent.  But even then if the unconscious spouse feels like he/she was raped and makes a police report, the prosecutor can still try to bring charges and put the matter to a jury.

Read our article about the Nevada crime of spousal rape. Also refer to our article about the history of spousal rape in California.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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