Marital Rape

Marital rape is one of the most common sex crimes in Texas and is a felony offense. As a felony offense, a conviction for marital rape carries not only the possibility of imprisonment and steep fines, but also severe collateral consequences.

Being charged with a crime can be a frustrating experience. When faced with the possibility of serving years in prison, arming yourself with a skilled defense attorney may be the most important decision of your life. Allow The Law Office of Jackson F. Gorski to provide you with the necessary resources and knowledge to fight your domestic violence charges.

Austin Marital Rape Attorney, TX | Bellville

Marital rape charges can be overwhelming and complex.  The penalties that accompany sex crime accusations can affect your professional and personal life. If you have been arrested for marital rape, contact The Law Office of Jackson F. Gorski. Jackson F. Gorski at The Law Office of Jackson F. Gorski has handled hundreds of sex-related cases in the Central Texas area. He is passionate about criminal defense and protecting his clients’ rights.

The Law Office of Jackson F. Gorski accepts clients in Williamson County, TX, and surrounding areas including Austin, Cedar Park, Florence, Granger, Jarrell, Leander, Round Rock, Thrall, Weir, and Coupland. Call 512-960-4646 to secure a confidential consultation today.


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Information Center


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Marital Rape Texas Penal Code

Texas does not have a marital rape law explicitly. Instead, sexual assault crimes between a married party escalate into marital rape. The state may charge an individual with marital rape under § 22.011 if:

  • The individual knowingly and intentionally caused the penetration of their spouse’s vagina, anus, or mouth without their spouse’s consent or
  • The individual knowingly and intentionally caused the individual’s spouse’s sexual organs to come into contact with the individual’s mouth or sexual organs, or someone else’s mouth or sexual organs, without the individual’s spouse’s consent.

It is also common and plausible for the state to charge an individual with a marital rape crime if the court finds that the individual has committed aggravated sexual assault. The individual commits aggravated sexual assault under § 22.021 if:

  • The individual intentionally or knowingly used a date rape drug to commit sexual assault against the individual’s spouse or
  • The individual caused serious bodily injury to their spouse or tried to kill their spouse during the commission of the assaultive sex or
  • The individual’s spouse is older than 65, younger than 14 years old, or disabled.

The individual meets the criterion for the latter if they kidnap or threaten their spouse, brandish a deadly weapon, or put their spouse in fear of the above during the assaultive sex.


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Penalties for Marital Rape in TX

Marital rape is an umbrella term for sexual assault crimes between two married people. For example, marital rape can be simple sexual assault or aggravated sexual assault. But the prosecutor will bring traditional sexual assault charges against the individual. Thus, the individual will face the consequences natural to these charges. Texas law does not enhance the individual’s punishment merely because the rape happened in a marriage.

Simple sexual assault is a second-degree felony. The individual can serve anywhere from two to twenty years and pay a fine of up to $10,000 if convicted of this sexual offense. Aggravated sexual assault has harsher penalties if a jury convicts the individual. Aggravated sexual assault is a first-degree felony crime, and an individual can serve life in prison if certain factors apply.

If convicted of simple or aggravated assault, Texas law requires an individual to register as a sexual offender.


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Defenses for Marital Rape

There are many defenses to a marital rape charge, also known as a spousal rape charge. Below is a list of possible defenses. However, consulting a knowledgeable Texas marital rape lawyer is always in the individual’s best interest. A spousal rape attorney in Texas can build a unique strategic defense for the individual’s case.

Common defenses to this crime include:

  • False testimony
  • Consent
  • Inconsistent medical testimony
  • Inconsistent witness testimony
  • Lack of evidence

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Statute Of Limitations

Typically, the state has ten years to bring a marital rape charge against an individual. After this period, the alleged victim cannot bring a sexual assault charge against the individual. Exceptions may apply regarding the age and mental condition of the alleged victim. For example, if the alleged victim wound up in a coma for nine years due to the aftermath of an aggravated assault, the statute of limitations clock starts once the person wakes up.


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Additional Resources

Did You Know That Marital (Spousal) Rape Is A Crime In Texas? – The Lawteryx’s website explains the legal dynamics of the sexual offenses committed in marriages.

A Legal Resource About Sexual Assault – The University of Texas’ Rio Grande Valley’s website provides the steps the accused’s spouse may take against the accused, the accused’s spouse’s rights, and what the accused can expect to pay in bond should an arrest occur.


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Georgetown Marital Rape Lawyer, TX | Williamson County

If you have been accused of marital rape, you can face possible jail time and steep fines. In a stressful situation like this, let a seasoned domestic violence attorney assist you with your case. Jackson Gorski is a practiced criminal defense attorney in the larger Austin, TX area. He has been managing sex crimes in Texas criminal courts for years.

The Law Office of Jackson F. Gorski serves clients in the greater Travis County area and surrounding cities including West Lake Hills, Rollingwood, San Marcos, Austin, Lago Vista, Georgetown, and Sunset Valley. Contact a lawyer that puts you first.  Call 512-960-4646 to secure a free, confidential consultation with The Law Office of Jackson F. Gorski today.


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