Problem
It is not a categorical defense to a charge of rape that the victim was the defendant's spouse, nor that the parties were still living in the same residence. Forcible rape of a spouse is still rape. However, the question of consent can be more difficult, since the willingness of the victim to engage in sex might change during the act. Also, since as married persons the victim and the defendant undoubtedly have a history of sex together, the relevance of "past sexual contact" between them, which is normally admissible on consent, presents a problem. How should these questions be answered? For one court's view see People v. Hernandez, 2011 WL 4503335 (Cal. App. 2011). Are you satisfied with all aspects of the decision?