Legal Question in Family Law in Illinois

marital rape

i was just wondering if a husband has sex with his wife,even though she says no can she have him charged with rape?


Asked on 6/01/03, 1:20 am

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: marital rape

In days gone by a wife could not. However, state law does not provide the husband with a defense against rape simply because he is the husband. A complaint could be filed against the husband, however whether the allegation can be proved is another story.

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Answered on 6/01/03, 5:44 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: marital rape

Yes, you can begin by filing a complaint with the police.

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Answered on 6/02/03, 1:51 pm


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