California Penal Code 262

Are you facing charges for Spousal Rape in California? Violation of California Penal Code Section 262 is a very serious offense that can affect your life for years to come.  If convicted of a sex crime in California, you will be forced to be included on the California sex offender’s registry list, which can limit your employment opportunities drastically. Juries find sex crime defendants to be especially vile, and you can expect the prosecution to try and impose maximum penalties.


At MacGregor & Collins, LLP, our Orange County sex crime attorneys have represented countless defendants and we know that many of those accused are not guilty of their alleged crimes. If you are serious about fighting your rape charge, you will need skilled legal defense to help secure your future. Call us today to receive a free case evaluation.


PC 262 Defined


Anyone who has intercourse with their spouse without their consent and does so with force or threat, and for sexual pleasure or arousal, is guilty of violating California Penal Code 262.


In order to be found guilty of CPC 262 Spousal Rape, the state has the burden to prove you are guilty of:


  • having sexual intercourse with your spouse who was unwilling to do so at the time
  • you did so by means of force, fraud, menace or threat
  • you were married to your spouse at the time


Those who force their spouse to perform oral copulation may also be subjected to PC 288a charges, depending upon the specific situation in question.


CPC 262 Rape Penalties


Spousal Rape is a felony penal code punishable by:


  • Three, six or eight years in the California State Prison
  • A fine of no more than $10,000
  • A formal probation


Those sentenced for spousal rape may be required to register as a sex offender.


Since sexual assault is a serious offense, it is imperative to work with a skilled defense team in order to prove one’s innocence. Sexual assault accusations can take a toll on one’s reputation, career and life, so tread carefully.


If you are facing Spousal Rape charges for Penal Code 262, obtaining the best attorneys to defend you can be a difficult task. Let the rape attorneys in Orange County at MacGregor & Collins, LLP guide  you through the process and help you better understand the charges brought against you. When your freedom is on the line, you do not want to settle. Call (888) 250-2865 or fill out our contact form to receive assistance from attorneys with a passion for superior representation.

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