Falsely Accused of Marital Rape: Now What?

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Many men are unaware that marital rape is a crime until they find themselves under arrest. If you are one of them, you need to quickly overcome the shock. Sexual violation of a spouse is indeed a crime and it is a serious one. The consequences are usually severe. Depending upon the state that you are in, you may be regarded in the same manner as a stranger who was accused of raping your wife.

Stay Away

You need to immediately begin acting in your own interest, by refusing to become a victim of your emotions. Your first course of action should be to avoid your spouse. If you two have been living in the same house, you need to immediately find another place to stay. Whenever you go to get your belongings, make sure that someone accompanies you.

Do not be baited into discussions or arguments about the incident. If you were shocked that your wife brought these charges, you are likely to be devastated if you believe that she wants to talk or work things out, then she uses the conversation to strengthen her case. More importantly, that will involve damaging your case.

While these charges are pending, you should not be in contact with your spouse through any means except an attorney. If she calls you, do not answer and do not reply to text messages or emails.

Evidence

If there is any evidence that may support your case, you need to get it in your possession and prepare to use it before your spouse does. This may include items that are personal such as letters, video tapes, or voice mail recordings.

You should contact any individuals who were present before, during, or after the alleged event, and if possible, have them them write down what they observed. The reason you need to quickly get this information in writing is because mutual acquaintances may later be won over by your wife and they may become uncooperative.

Legal Assistance

You should not consider proceeding through this case without the help of an attorney. It is not even advisable to consider proceeding with any attorney other than one who specializes in sexual offenses. You need the assistance of a legal professional who is well acquainted with the manner in which marital rape is prosecuted in your jurisdiction so that you can obtain the best possible defense.

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