Legal Question in Civil Rights Law in California

Hi I began to live with a couple who had been in a sexless marriage for years. I met the husband first who then introduced me to his wife. I was in a vulnerable position at this point in my life and had no place to go. They invited me to stay with them, so as friendly as they appeared to me, I went with it. After I moved in her husband began pursuing me agressively. At first I turned him away many times, but he kept persisting. He would talk about his wife and how they havent had sex in years, and how it hurt him. I began to feel about about it, so after about 6 weeks of his aggressive pursuit, I gave in. We wernt using any protection and I would tell him to withdrawl each time before pulling out. On one of our first nights together he refused to listen to me. I then became pregnant. After I became pregnant, he said he would be there for me. He even told me in his own words, the " Deal is Sealed". When he said this it made it seem like he did it on purpose. During the affair I often wondered how the wife had no suspicion of this being done in her home. He had also told me on several occassions that I was picked out by his wife for Him. A little background on his wife, she is in failing health and cannot do alot of the normal day to day activities, plus she is unable to perform sexually. He has told me he loves me throughout this whole thing, meanwhile I have forked out money for Him,and for Her over and over again. I helped support his wife while he was in jail on several occassions. I went to visit him, while she didnt.I paid for his electronic monitoring system at home, while never even thanked by her or ever repaid to this day. He even at one point said that he was leaving her for me, but gave me no sign of it. The wife knows about our son and I we still live altogether in the same home because I have no money and Im unable to leave. She never onced yelled at me or him about it and has accepted us being there.Now our son is 6 months old and after alot of therapy, I am convinced that I have been used or scammed by this couple on many different levels for their many different needs. Can I sue? I feel like I am a victim and this was plotted by them and still is.


Asked on 12/14/12, 7:27 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The man has an obligation to help support your child, and is liable for child support. If you made the payments you discuss with the express intention of being repaid, then you would have a claim for repayment. There is some chance that you would have a claim for the unwanted sexual attention.

All of that would be offset, however, by any free rent, food, utilities, and other support you received from this couple. Indeed, the fact that you remained with this couple may well weigh heavily in the minds of the jury or judge in their decision.

Based on what you have written, I suspect that you would have an extremely difficult time prevailing on your claims. In addition, a claim now would certainly risk your having to start life on your own with your son, and allow this man visitation rights.

There also are likely other facts that will either strengthen or weaken your claim. You need to consult with a lawyer in person who can ask follow-up questions to see if in fact a claim is worth pursuing.

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Answered on 12/15/12, 1:37 am


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