is this criminal or civil
Criminal Defense Attorney
I'm not sure it is anything. Is there force? That is what makes it rape.
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Family Law Attorney
Unless there is more detail, we cannot make heads or tails about this. Also, a very blunt question you will be asked is "why are you still in this relationship"?
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Criminal Defense Attorney
Verbal abuse is unlikely, in my opinion, to rise to the level of criminal conduct. Sexual assault between two adults-- one the aggressor and the other a victim of the aggression-- generally requires some element of force or lack of consent, or proof that the victim suffered some sort of disability that makes it impossible to consent. The degree of force, and whether the victim feared physical harm, is critical. This is particularly true where you indicate that the parties are in a "relationship."
I would suggest that if you feel you are being victimized in a relationship, you should end the relationship. If you believe that you have been harmed by this person or fear that you will be harmed, you may want to consult with an attorney who concentrates in domestic relations issues. That attorney will hopefully be able to guide you in the right direction-- whether it involves counseling or obtaining a restraining order or possibly contacting the police to pursue criminal charges.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Divorce / Separation Lawyer
It depends - if the verbal abuse constitutes a threat of physical injury, then this may be considered rape. If you feel coerced into sexual contact, the best advise is to leave the relationship. For a full assessment, schedule a consultation with a NYC Domestic Violence lawyer.
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