Can You Sue Your Spouse for Rape? Yes—Marriage Is Not a Legal Shield

"Can I sue if I've been raped by my spouse? Absolutely. The fact that somebody is married doesn't absolve them from rape. What happens commonly is somebody says, at least in the defense, well, this is how we would normally have sex or they would always say no and that was just part of the banter. Doesn't matter.

No means no and if someone doesn't want to have intercourse, it's rape. And so there are criminal ramifications that which are very severe. On the civil side, of course, you can sue for intentional infliction of emotional distress, battery, assault. So it's a very significant issue and it's no defense to say, well, this is what we normally do or we're just rough or any of that kind of nonsense."