My wife and I had sex two days before she got served divorce papers. We are both well aware that a child custody case would most likely go in my favor so almost immediately after being served she went to the svu to file a report that I raped her. I'm pretty sure I will be able to shake off the charge but after doing so is there any public evidence that this charge was filed and that it was false and is it possible for me to use this instance against her during our custody case? More than likely they won't be able to get any evidence that I raped her and if it does actually go to trial I'm positive I can disprove it all but if they ultimately decide not to pursue it would I be able to use the improved charge against her or is this just an inconvenience for me?
When someone makes false allegations against you, and there is no probable cause, and you win the case, you may be able to sue for what is known as malicious prosecution. In cases like this it is always a he said she said sort of thing, and these types of cases take a lot of attorney time to either prove or disprove. Attorneys do not usually take malicious prosecution actions on a contingency fee basis. "any public evidence that this charge was filed" would be a police report made by your wife. The only proof that it was false could be only that you say it is false. Is it possible to use this against her during your custody case? Well, a criminal rape case could last longer than your custody battle. In a custody battle there will be a temporary matters hearing. That would come long before the criminal case goes to trial. The kids really need their parents fighting rape charges and custody battles over them. You have it all planned, don't you? You win the rape case and the custody battle too. Confidence is on your side.
If rape charges, they are called sexual battery, are filed against you, hire an aggressive criminal defense attorney at once. Also, get the best family law litigator in your area.
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