Gov. Deval Patrick’s brother-in-law did not have to register as a sex offender because his hearing officer ruled that spousal rape is not considered rape in Massachusetts — a decision that has outraged victims’ advocates calling on the governor to disavow the claim and apologize.

“It’s insulting to all women,” said victims’ lawyer Wendy Murphy. “Gov. Deval Patrick knew this man was fighting to give his brother-in-law a discount for violence against women. You don’t get a discount from rape to a pat on the rear end because the victim was your wife.”

Patrick said he fired Sex Offender Registry Board (SORB) Chairwoman Saundra Edwards and put executive director Jeanne L. Holmes on leave last week in part because they pressured a hearing officer to keep the governor’s brother-in-law, Bernard Sigh, on the registry. The hearing officer, Attilio “A.J.” Paglia, refused, quit and filed a lawsuit against the state in 2008.

Sigh was convicted in California in 1993 of raping his wife, the governor’s sister, then served four months in jail and was put on five years’ probation.

In his ruling, Paglia said the “like offense” in Massachusetts to California spousal rape was not rape but indecent assault and battery, and Sigh was eligible to be removed from the registry, court documents show. Paglia also found Sigh was no longer dangerous and should not have to register as a sex offender.

“Have we not learned anything from the NFL?” said victims’ advocate Laurie Myers. “Rape is rape. It doesn’t matter if it’s your spouse or not. If the governor agrees with this, then he needs to personally apologize to every woman in the state.”

Patrick’s spokeswoman did not respond to a request for comment last night.

SORB officials said rulings “are made on a case by case basis” when asked whether spousal rape is still labeled as indecent assault and battery.

SORB officials wanted Paglia to delay Sigh’s hearing so they could seek advice from the AG’s office on out-of-state sex crimes, said Paglia’s former SORB supervisor, Martin Whitkin, who was also named in Paglia’s lawsuit.

“I would have personally liked to have waited and looked up the law in California,” said Whitkin. “A.J. was the hardest-working person I’ve ever seen, and he decided to forgo that advice and go forward. When Edwards and Holmes came in, they found a problem with the decision and they decided that they wanted to hold the decision and classify him as a Level 1.”

The state paid Paglia a $60,000 settlement in April.

Paglia’s attorney, John Swomley, said there is no spousal rape law on the books in this state.

“Indecent assault and battery is a crime that has all of the elements that the other crime has. You can’t just make a square peg fit into a round hole,” said Swomley. “I’m not going to give you a glorious sound bite that my client is saying spousal rape is not rape because it’s not true.”