Legal Question in Criminal Law in Maine

Falsely accused of rape and sodomy

My husbands ex wife has filed an affidavit stating that she signed their divorce papers under duress, for fear she would be raped and sodomized ''again'' by her husband. Over the past few months we have been dealing with alimony child support issues for their 18yr old son. Things were not going her way, so now accusations of rape are being brought into the picture. She resides in Canada he is in the USA. She said he raped and sodomized her during the marriage but funny how she never brought this up until now. What steps do we need to take to prove she lied under oath and falsely accused him? Can we counter with a defamation of character law suit in the USA? Once the affidavit is processed Im assuming some sort of criminal investigation will begin. Up until now he has been dealing with the Canadian court system. He feels he was misrepresented as a US citizen in the matter concerning support payments and currency, and now this. Any advice would be much appreciated. We have not contacted a lawyer in the USA yet as this just came in the open yesterday. The Canadian lawyer said it doesnt look good for his ''version of events''. They are leaning her way, shes crying she is a marital rape victim. What rights does he have?

Thanks very much.


Asked on 6/19/04, 11:16 am

1 Answer from Attorneys
robert nudelman criminal defense associates

Re: Falsely accused of rape and sodomy

The rights that he has are to be tried by a jury of his peers, and to be confronted by the witnesses against him as well as the right to cross examine same. It is imperative that he get legal counsel NOW. Oftentimes intervention at this stage of the investigation can be the difference between charges being filed and not. Please call for a free consult at (800) 313-9619

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Answered on 6/21/04, 12:53 pm


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