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What is the statute of limitations on spousal rape?

Sacramento, CA |

What is the statute of limitations on Spousal Rape (California)? and where online can I find State/Legal Proof of this statute?

Thank you - I think I'm getting it.

Attorney Answers 2


Spousal rape is defined at section 262 of the Penal Code in California. The section is too long to quote here so read it at Note that the punishment is set forth at PC § 264 is 3, 6 or 8 years in the state prison assuming you cannot get probation as set forth in PC § 262.

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Excuse me I didn't answer your question. Pursuant to PC § 805, the statue of limitations is based on the maximum you could get under the statute. For a crime punishable by 8 years the SOL is 6 years. PC § 800 defines the SOL for such crimes as 6 years.

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