The pandemic led to an unprecedented uptick in domestic violence cases, and spousal abuse as couples stayed home during lockdowns. Marital rape also emerged as a daunting problem among American couples. Countless women filed complaints against their spouses claiming sexual abuse without consent.
While marital rape was beyond the boundaries of the law until 1975, it is now technically illegal in the US. If a partner forces the other to have sex without consent, the victim can seek legal respite from the court.
It can have grave implications as marital rape is a sexual offense. While the law favors women, some use it with the wrong intentions to frame their innocent partners.
As a plaintiff, you have the right to defend yourself if your wife levies a false accusation of marital rape on you. Here are some expert recommendations for dealing with the situation and presenting your defense.
Maintain a Calm Demeanor
An unexpected accusation of marital rape can take you off-guard even more if you consider your marriage a healthy one. You cannot be too sure about the motives of your spouse.
She may have surprising reasons for accusing you falsely, from an extramarital affair to taking away your wealth. Maintaining a calm demeanor is crucial because anger and vindictiveness can worsen the situation.
If you try to retaliate, your wife may bring additional charges like domestic violence and assault. The situation may get ugly if you have kids at home. The best thing to do is maintain distance and even consider moving out until you find a solution.
Get a Perspective on the Situation
Take a deep breath and get a perspective on the situation. Your spouse may have her reasons for accusing you of marital rape. Maybe, the act was consensual for you and not for her. Try communicating with your spouse to clear the misunderstanding and resolve the issue within the family.
If things do not seem to be going right, you can even ask a third person to act as a mediator. It could be a parent, a sibling, or a close friend, but make sure the person is neutral. Also, keep the meeting amicable and avoid it if you are not on good terms with your spouse.
Have your Defense Strategy in Place
Marital rape is a serious accusation, and it can have grave consequences because it is a sex crime. The best advice is to have a defense strategy in place. You will need sex crimes attorney legal services if the case goes in court.
Consider hiring a sex crime specialist with relevant experience because you need an expert to clear your name. Be honest with your lawyer, and let them know all details about your marriage.
Whether you are guilty or innocent, never hide facts from your lawyer. Listen to their advice and follow it to strengthen your case.
Gather Evidence to Prove Consent
Your best bet for coming out clean from a marital rape accusation is to prove consent. You will have a favorable verdict if you validate that your spouse consented to sexual contact.
Getting evidence relating to prior sexual activity, words, or actions of your partner can help. Your lawyer can pick pieces like medical records that show no harm to your spouse.
Likewise, they can highlight your clean record to validate no violent tendencies. And testimonies from your friends and neighbors showing you had a healthy marriage.
Essentially, the attorney will make every effort to show that you did not commit marital rape, either by proving a misunderstanding of consent or a lack of force.
Find Ways to Show False Motivations of your Spouse
Besides presenting your defense in court, you must also find ways to show the false motivations behind the wrongful accusations. Marital rape allegations often lead to a divorce.
Your spouse may try to frame you to improve her divorce outcome, such as getting child custody or maximizing the alimony amount. A seasoned sex crime lawyer can see through these motives and bring them to the surface in court.
Make sure you collaborate with a professional who brings solid experience in such cases because they can do more than prove your innocence.
Marital rape accusations can land you in trouble as you will be considered a sex offender in court. It is crucial to have a solid defense to avoid severe penalties and save your reputation.
The sooner you get a sex crime lawyer to help, the better are your chances of getting through. Following these tips can save you from the legal implications of the allegation.
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