Criminal Law

questions & answers

Question: In Arizona when can a legally married man(woman) be charged with rape of his/her spouse?

Answer: A married individual can be guilty of sexual assault of his or her spouse.   In Arizona, a person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without consent of such person. A.R.S. 13-406A.  It is not a defense to a prosecution pursuant to section 13-1406 that the defendant was the spouse of the victim at the time of commission of the act. A.R.S. 13-407D.

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