Most people are shocked to learn that Connecticut law allows a spouse or partner to be charged with sexual assault against their husband, wife, or live-in partner. This statute was written to address situations where one partner claims they were forced into sexual activity without consent inside a marriage or cohabiting relationship. The law recognizes that marriage does not equal automatic consent.
For those accused, the charge is overwhelming and carries a heavy stigma. Many cases arise out of heated domestic disputes, divorce proceedings, or protective order situations where emotions run high. These accusations can change the course of your life, even before you set foot in a courtroom.
Elements of the OffenseTo convict under § 53a-70b, the state must prove:
Sexual assault under this statute is a Class B felony. Potential penalties include:
Consider a married couple in Stamford who have been under enormous stress. The husband has been working long hours, and the wife has filed for divorce. One evening, an argument escalates. The wife later claims that she was pressured into having sex against her will. The husband insists that the encounter was consensual, but when police arrive, he is immediately arrested and charged with sexual assault in a spousal relationship under § 53a-70b.
From that moment, his life changes overnight. A protective order is issued, forcing him out of his own home. He can’t see his kids without going through Family Court, and his employer finds out about the charges. Even though no physical evidence exists and the accusation is one person’s word against another’s, he is now fighting a Class B felony and the possibility of mandatory prison time.
In cases like these, an experienced defense lawyer’s role is to carefully analyze the evidence, highlight inconsistencies in the accuser’s statements, and demonstrate when ulterior motives—such as gaining leverage in a divorce or custody case—may be at play. The outcome often depends on how quickly and effectively the defense can counter the prosecution’s version of events.
DefensesEvery case is different, but common defenses include:
When a spouse or partner is charged, judges almost always issue criminal protective orders at arraignment. These orders may prohibit all contact or only bar threats and harassment. A full “no-contact” order can instantly separate you from your home and children.
This makes it essential to have an attorney present at arraignment to argue for the least restrictive order possible and to protect your access to your family.
Diversionary OptionsWhile sexual assault charges are severe, in rare circumstances certain diversionary programs (such as the Family Violence Education Program) may apply if the case involves disputed consent within a domestic violence framework rather than clear force. Each case must be reviewed carefully to see if any alternatives exist.
Related OffensesSexual assault in a spousal or cohabiting relationship is one of the most serious charges you can face in Connecticut. The stakes are life-changing—prison time, lifelong registry, destroyed family relationships, and permanent damage to your reputation. I have spent more than 30 years defending people accused of these kinds of charges in Stamford, Norwalk, Greenwich, and throughout Fairfield County.
The sooner you act, the more options you will have to protect yourself, your family, and your future.
Frequently Asked QuestionsCan I Really Be Charged With Sexually Assaulting My Spouse in Connecticut?Yes. Connecticut law makes it clear that marriage does not equal consent. A spouse or live-in partner can be charged with sexual assault.
Will I Automatically Go to Jail if Convicted?There is a 2-year mandatory minimum sentence for this charge. However, with an experienced defense lawyer, many cases can be reduced, dismissed, or resolved without jail.
Do I Have to Register as a Sex Offender?Yes. A conviction under § 53a-70b requires registration, often for decades, which can impact employment, housing, and travel.
What if This Is Just My Spouse Trying to Gain Leverage in a Divorce or Custody Fight?False or exaggerated claims do occur in these situations. We work hard to uncover inconsistencies, bias, and ulterior motives to defend you.
What Happens at the First Court Date?At arraignment, the judge will set bail and issue a protective order. Having a lawyer at this stage is critical to limit restrictions and start building your defense.
Is There Any Way to Get These Charges Dismissed?Yes, in some cases. Dismissal can occur through lack of evidence, credibility challenges, or negotiation. Every case is unique and requires a tailored defense.
What Should I Do if Police Want to Question Me?Do not speak to the police without a lawyer. Anything you say can be used against you. Contact an attorney immediately.
How Do Protective Orders Affect My Family Life?Protective orders can prevent you from returning home or seeing your children. Your lawyer can argue for modifications to allow contact where appropriate.
Will I Lose My Job if I Am Charged?Many employers act swiftly on felony charges, especially those involving sex offenses. The sooner you retain counsel, the better your chances of minimizing career damage.
How Can Your Office Help Me?I provide aggressive, compassionate defense for clients accused of sexual assault. From challenging evidence to negotiating outcomes, my focus is on protecting your rights and future.
Take the Next StepIf you or a loved one has been charged under CGS § 53a-70b, do not wait. These cases move quickly and carry devastating consequences. Contact me today to discuss your defense strategy.
📞 Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or contact us online for a free consultation