NRS § 200.373 - Spousal Rape - The Law in Nevada

Under NRS § 200.373, spousal rape (or marital rape) in Nevada is punished the same as sexual assault of a non-spouse. Penalties include a life sentence with or without the possibility of parole, depending on the case.

The only difference between spousal rape and non-spousal rape in Nevada is that spousal rape specifically requires force or threats of force.

NRS 200.373 states:

“it is no defense to a charge of sexual assault that the perpetrator was, at the time of the assault, married to the victim, if the assault was committed by force or by the threat of force.”

Arguably, this means it might not count as spousal rape if, for example, a husband were to penetrate his sleeping or unconscious wife since he is not forcing her or threatening her with force.

Meanwhile, penetrating a sleeping or unconscious non-spouse would absolutely qualify as rape under Nevada law because a sleeping or unconscious person cannot give consent: It does not matter if no force is used.

Spousal Rape in Nevada	Category A Felony Penalties
With substantial bodily harm	Life in prison without parole, or life in prison with parole possibility after 15 years Tier III sex offender registration for life
Without substantial bodily harm	Life in prison with parole possibility after 10 years Tier III sex offender registration for life

Our experienced Las Vegas criminal defense lawyers have achieved favorable plea bargains and full dismissals in hundreds of sex offense cases. Keep reading to learn more about the Las Vegas crime of marital rape under NRS 200.373 including its possible penalties and how we can defend you:

NRS 200.737 violations are punished the same as sexual assault.

1. Is “spousal rape” a crime in Nevada?

It is illegal in Nevada to sexually assault your spouse (“sexual assault” is the formal word for rape). Unlike in some other states, a person may be convicted of spousal rape in Nevada whether or not any of the following conditions is true:

the spouses were in the process of separating or divorcing at the time of the alleged rape,
the spouses were cohabitating at the time of the alleged rape, or
significant time has elapsed since the alleged rape and when the victim reports it to the police.

Therefore, Las Vegas spousal rape law is nearly identical to Nevada sexual assault law, where the alleged perpetrator and victim are not married. The one main difference concerns the issue of consent:

Consent: Sexual Assault v. Spousal Rape

As to unmarried parties, it is rape to have sex if you know (or should know) that the victim is too incapacitated to give their consent to the sex. It does not matter if you use no force or threats.

By contrast, according to NRS 200.373, technically, you may be able to legally have sex with your spouse without their consent as long as no force (or threat thereof) is used to accomplish the sex. Arguably, this might occur only if your spouse is:

asleep,
passed out unconscious, or
intoxicated to the point where they are incapable of resisting or knowing what is happening to them.

Even then, the prosecutor may still press charges and put the issue before a Nevada jury. So, you are advised never to have sex with anyone, including your spouse, without clear consent.¹

Graphic of man about to violate NRS 200.373.

A defense to Nevada spousal rape charges is that the defendant used no force or threats of force.

2. How can I fight the charges?

As with battery domestic violence (NRS 200.485), many decent and loving husbands and wives are falsely accused of spousal / marital rape in Las Vegas. The following are just three defenses that we may use when fighting your Nevada spousal rape case:

You were married. Marriage is arguably a defense to spousal rape in Nevada unless force or threats of force were used. So, as long as the prosecution cannot show that you resorted to battery or threats of battery to have sex with your spouse, then the charges could be dismissed.
No sex occurred. You should not be convicted of spousal rape in Las Vegas if the prosecution cannot prove that a sexual act took place. Since there is often no evidence one way or another, the D.A. may be forced to drop the case.
The accusations are false. It is typical for wives or husbands to accuse their partners of spousal rape because they are angry, jealous, vengeful, or trying to get a leg up in child custody or divorce proceedings. As long as the state cannot show that you used force (or threats of force) to have sex with your spouse, then any spousal rape charges could be dropped.²

Blue ring graphic that spells out four defenses to Nevada sexual assault charges, including no penetration, consent, mis-identification, and false accusations

3. What are the penalties for sexual assault of a spouse?

Spousal rape is a category A felony in Nevada, which is the most serious class of crimes. If the spousal rape resulted in the victim sustaining substantial bodily harm (NRS 0.060), then the sentence may include:

life in Nevada State prison without the possibility of parole, or
life with the possibility of parole after 15 years

Conversely, if the spousal rape did not cause the victim substantial bodily harm, then the sentence may include:

life with the possibility of parole after 10 years³

Furthermore, anyone convicted of rape in Nevada is required to register as a Tier III sex offender (NRS 179D.117) for life.⁴

Note that rape also carries lifetime supervision under NRS 176.0931, though it may be possible to get off lifetime supervision after 10 years.⁵

Plea Bargains

If the prosecutor refuses to dismiss your spousal rape case and you do not wish to take your chances at trial, the state may be willing to reduce the charges to battery domestic violence (BDV). Even a felony plea to BDV carries a significantly lower prison range than sexual assault in Nevada, and you will not have to register as a sex offender.

Additional Resources

If you are a rape victim, find help here:

RAINN: National Sexual Assault Hotline – call 800.656.HOPE (4673) or chat
Rape Crisis Hotline: call 702-366-1640
Nevada 211 Victims of Crime Services: call 211 or chat
Sexual Assault Kit Initiative (SAKI): Resources for survivors
Helping Survivors – How to Report Rape

Legal References

NRS 200.373 – Sexual assault of spouse by spouse; NRS 200.366.
See also Honeycutt v. State (2002) 118 Nev. 660, 56 P.3d 362.
NRS 200.373; see also Botts v. State (1993) 109 Nev. 567, 854 P.2d 856, 109.
NRS 179D.117.
NRS 176.0931.

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NRS § 200.373 – Spousal Rape – The Law in Nevada