Sexual battery is a crime even if you are married.

By Robin Roshkind, Esquire, West Palm Beach, Florida

Many people don’t realize the ramifications of their actions under the law.  In Florida, if a husband forces himself upon his wife, without her consent, and commits a sexual act, that husband has committed rape, a crime, even though the woman is his wife.

Domestic violence in the home crosses all races, religions, and economic stratas.  The mere threat of physical harm by one spouse to the other is enough for the victimized spouse to get a restraining order.   If there is an unwanted touching, pushing, shoving, throwing a soda can in one’s direction, kicking the cat, breaking a window in one’s direction, these type of actions are enough to have the police investigate, file a report, and use to obtain a restraining order.

This injunction for protection forces the immediate removal of a spouse from the home.  In many cases, it alleviates the threats.  But when a spouse is suffering a severe mental illness, sometimes these restraining orders are provocative and cause extreme violence and sometimes death to the victim. 

The best defense is a strong offense.  Try to resolve the situation at the very beginning, before it escalates into a hopeless patter of bad or violent behavior.  One way to do this is to never return to the relationship.  Once domestic violence occurs, don’t give the perpetrator a second shot at you. 

For men and women alike who have been victims, there are safe houses or even hotels to escape to.  There are also social service agencies that can assist.  For more information, click on the Robin Roshkind, P.A. website at or consult with one of the attorneys at the Firm by calling 561-835-9091.


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