Assault & Battery Behind closed doors

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ninery

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My jurisdiction is: Illinois

A man has reluctantly plead guilty and is now in prison for 6 mos. Last year he and his wife, who lived with him in his home, went out for a night of partying, where both became very intoxicated. Their marriage had been struggling and this man was doing everything he could to improve their relationship (they have two minor children). His wife had been soliciting him all evening and upon returning home, she passed out from all the alcohol, and he carried her to their bed. While still under the influence himself, he got the video camera and filmed himself with his wife. There was no penetration, only caressing of her body, mostly her chest. When she awoke and saw the camera in the bed she assumed the worst. She panicked and told him to get out, but she did not report anything to the police. You will not fully understand her responses until you know some of her background. She brought some baggage into the marriage which included having been raped when she was in high school and was abused by a drunken father all of which was unreported. You have to know that the husband has no previous offenses and is anything but a threat to society. He has a respectable career, is a well respected citizen who grew up in a very stable Christian environment. He has never even smoked a cigarette, no tatoos or piercings, just Mr. Cleancut America. He made a mistake no doubt.
Following the offense in April 2008 she attended social events with him and took him to a major league baseball game for fathers day and then boom 3 weeks later went to the states attorney with the video tape. He was arrested on 3 charges and released after 2 days in jail. He hired a very good criminal attorney but in my opinion he was forced to plead guilty to avoid a 4 year sentence. There was never any information presented to the court indicating her behavior on the night of the offense or any investigating done on behalf of this man. This was all very one sided definitely protecting the female.
We have been trying to put the pieces together and it didn't take long to discover that she had another man waiting in the wings and moved in with him 4 months after she turned in the video tape. Does this sound like your typical rape victim? Now this man's life will be changed forever. He will be a felon forever and has to be a registered sex offender for touching his own wife. There is something wrong with this picture. The wife is refusing to allow him to see their children because he raped her. She told the divorce court judge that she hadn't even viewed the film. It is quite evident that she used all this to get out of the marriage. He has 30 days to appeal. What do you suggest?
 
He commited a sexual criminal offense. What he did was wrong. What the victim does after has no bearing on what he, in fact, did.
 
While still under the influence himself, he got the video camera and filmed himself with his wife. There was no penetration, only caressing of her body, mostly her chest.
Even under the influence of alcohol, why would he SUDDENLY be prompted to do this? Especially if he was Mr. Cleancut American? This is a wee bit outside the mainstream.

He hired a very good criminal attorney but in my opinion he was forced to plead guilty to avoid a 4 year sentence. There was never any information presented to the court indicating her behavior on the night of the offense or any investigating done on behalf of this man. This was all very one sided definitely protecting the female.
Of course no information was presented concerning her behavior that night - he pled guilty! By definition, that means there was no trial!

I have no idea what he was charged with, but I suspect that fondling and groping even your wife when she is incapable of giving consent is a crime. His videotape pretty much slammed the case shut on him. I suspect that they gave him the 6 month deal because it WAS his wife and because they WERE still married and living together.

Does this sound like your typical rape victim?
But ... you said there was no penetration! How was this "rape" if there was no penetration? Was their digital penetration or some other form of penetration (just not by the male member)?

Regardless of her motivations, he apparently committed a crime. The time for him to have put up a fight is passed. He pled guilty. It would be extremely difficult for him to now go to court and say he lied when they asked him to allocute in court and admit his guilt.

The wife is refusing to allow him to see their children because he raped her.
But ... again, I have to point out that you said there was no penetration?! Quote: "There was no penetration, only caressing of her body, mostly her chest." How was this rape?? Were you in error?

She told the divorce court judge that she hadn't even viewed the film. It is quite evident that she used all this to get out of the marriage. He has 30 days to appeal. What do you suggest?
Appeal what? His conviction? Or the custody and visitation order?

If he has the desire to appeal either, he might as well. If he appeals the criminal conviction, he could face the full prison term if convicted, so I am sure he will want to have a long chat with his attorney about that.

- Carl
 
I have a strange feeling there's a lot of missing information about other actions committed by the husband.
I suspect your right. This is not something that Captain America suddenly up and does ... and the way the intro was written, that they are married and living in the same home, sort of implies that the relationship was strained or maybe they shared a house but had separate rooms ... I guess I just wouldn't think to write that he and his wife lived in the same home as that should be a given.

In any event, he has an uphill battle on appeal. If he gets a new trial, he's going to have to overcome a confession of guilt ... hopefully he was able to plead "no contest" because that will at least make it slightly easier and he may not have had to allocute to the details of the crime before the court, so that wouldn't be on the record. if he had to allocute, then his admission and the details of ho he committed the crime will be part of the record and prevailing on appeal will be tough ... "Are you lying NOW, or were lying THEN?" Credibility goes into the dumper.

Oh, and there there is the tape.

- Carl
 
He has 30 days to appeal the conviction of sexual assault and illegal videotaping.
Because of the guilty plea, the wife now "assumes" rape. She was allowing visitation and was somewhat cooperative up until the guilty plea. It clearly indicates that she didn't know what happened to her and made an assumption of rape, not having seen the video. It was stated in court that there was no penetration. The wife was not present in that courtroom. The husband had opportunities to destroy the evidence, but chose not to do that and suffer the consequences.
 
IT'S STILL SEXUAL BATTERY. You don't need penetration. You can't go around groping people. and YAH she didn't know what happened to her, she was unconscious!

The husband didn't destroy the evidence? SO? Should he get a medal?

And who are you in all this? Do you think Mr. All-American "Christian" would fully disclose everything he did? And do you think the court's haven't heard a million times the defense of "good Christian boy" or "he's found God now?"

Meh. For some reason this whole thing is getting me angry. And I'm usually the most pro-defense of all the respondents on this site!
 
Sorry, Raskal ..

here in New York, it is not against the Law to "grope" your wife ..
You have a "Marriage Contract", i.e. Marriage Liscence ...

this does include ... Sexual Activity, believe it, or not

seems there is much more left out of the original post
 
Thanks dee_dub. It is interesting and somewhat satisfying to hear that other states actually recognize the marriage contract. In Illinois the punishments are all over the board from county to county. The punishment certainly does not fit the crime in all areas. Recently in a nearby county, a guy got 4 yrs. probation (no jail time) for aggravated sexual abuse of a 7 yr. old child. Go figure. The guy here sleeps with his own wife when she decides later that it wasn't okay and does time and gets to be a sex offender!
 
This is my first time on this site so I apologize if it takes more than once to reply to this. I was extremely sad when I found this post. In case you are wondering, the original person who posted this is my ex-husband's mother. And you were all correct when you said that there is much more to this matter. I have decided to cut and paste the email I am sending to Nathan's mother. I am hoping when she sees this, she will quit enabling Nate and assist in his treatment and recovery. I am hoping she will realize he is not the victim in this matter.

Over the last year and a half, while fighting cancer, I have been forced to deal with being the victim of several violent crimes. I have never spoken out on this matter, despite being accused of being a pornography star and many other horrible lies. I have attached my letter to Nathan's mother discussing all of the matters she has posted.

I can not believe my worst nightmare has become a matter to discuss among strangers on an anonymous website!
 
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