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. If someone doesn't want to have intercourse, it's rape. And so there are criminal ramifications of 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.