Legal Question in Criminal Law in New York

Anyone work with spousal sexual assault?

I was married for 2-1/2 months and separated from my spose because of many concerns: mainly I feel uncomfortable with him and do not trust him. I have been living on my own for about 2 months and on one occassion my spouse stopped by to bring medication due to pain from a root canal. That day ended with what I classify as sexual assault. He wanted to fool around and have intercourse - for at least 20 minutes I said no, to stop trying, to leave me alone, pushed his hands off of me -- I did not touch, groap or pull him towards me. In every way I was saying no.... While I was laying on my belly covered - he proceded to remove the covers - and put his weight on top of me and lock his arms around my arms - so I couldn't move...... and quickly finished the act.. I then asked him to leave and later let him know that what he did was very wrong. He has admitted to being a scumbag and wrong. Should I report this? What if this one act leads to a pregnancy? What is my grounds?


Asked on 2/10/04, 12:58 pm

2 Answers from Attorneys

Re: Anyone work with spousal sexual assault?

It sounds like you need a divorce lawyer. You should contact a lawyer that handles matrimonial law.

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Answered on 2/10/04, 1:01 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Anyone work with spousal sexual assault?

This is a serious issue. Your ex has behaved in a criminal manner. If you report this to the police the matter will be referred to the District Attorney's office for prosecution as a rape.

The DA may not prosecute because the evidence of non-consensual activity may not be sufficient for them. However, if you make the complaint with the police you will be able to get an "order of protection".

This order is important and can help you in the future. In the future, all you need to show is that he violated the order and he will be guilty of a crime and punished. The legal proof problem is eased in this way.

You must also continue with the divorce. Your current lawyer must be apprised of your ex's intolerable actions. If you have already filed for divorce with the court, then you may also get an "order of protection" from the civil (divorce) court.

It all starts with you reporting this horrible event. That is the most important and the most difficult thing that you must do. It gets easier after that.

Easier, but never easy. Talking about it with those who are close to you or have experienced the same can help make it easier to bear.

If you have further questions or I can help in any way, you are welcome to call me or to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 2/11/04, 6:29 pm


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