Legal Question in Criminal Law in California

Spousal Sexual Assault

I am somewhat perplexed and dumbfounded by what I believe is a nationwide blunder or glich in the legal system, from a logical and maybe ethical standpoint. Many divorces in America are nasty and vindictive to say the least. A relatively easy going male relative of mine, NOT yet divorce from his wife, was called by her to meet with him at the house they formerly shared, which she was still living in with the children. She told him she wanted to talk to him about their two kids. The children were not home. He met with her there. She was in her nightgown and made romantic/sexual advances to him. She then immediately instigated a heated yelling match/argument with him. Police were called and she told them he raped her. She also gave him a black eye. (She had been absolutely furious with him for a marital indiscretion involving another woman which she had privy to.) This was her way of retaliating. The police arrested him. He received a brief jail sentence and now has to register as a ''sex offender.'' I know this fellow very well. He is very non-agressive. And a ''sex-offender label''---this is the most inane thing I can imagine---Fat chance he'll be able to support his children with a label like that. What can be done?


Asked on 8/26/05, 6:02 pm

2 Answers from Attorneys
William Kopesky Law Office of William J. Kopesky

Re: Spousal Sexual Assault

It is sometimes possible to withdraw a guilty plea and receive a new trial. However it is not always granted. I have handled both sex registrations cases and recently filed a motion to withdraw a guilty plea. I would need to know however, how strong her evidence was-how did she prove rape, or did she just claim attempted rape. Did your friend have an attorney, represent himself or use the public defender. Also there are 2 different levels of registration. In any event it is someiimes possible to fix your friends situation but I would need more information. You can contact me at [email protected] for more information or leave a number and I will call you promptly

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Answered on 8/26/05, 9:18 pm
Terry A. Nelson Nelson & Lawless

Re: Spousal Sexual Assault

He had his opportunity to 'do something' during his trial. The jury obviously didn't believe his story after hearing all the facts, and both sides. You might also.

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Answered on 8/26/05, 7:11 pm


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