In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
There is no confidentiality online! Your question could get you in trouble!
There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. You are presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. If a lawyer is needed, seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members: http://tinyurl.com/8ru8wtv
If you are married to the alleged victim, then the State may be unable to compel him/her to testify. Since it is a felony, you are entitled to a preliminary hearing, where the State is required to show probably cause that a crime was committed and that you committed it. If the State is unable to meet this burden due to the victim refusing to testify or another reason, then the court should dismiss the charges. However, if there is independent evidence of a crime based on other witnesses or incriminating statement that you made then the State may have enough for preliminary hearing. Additionally, if the victim made statements to another person the State may attempt to admit that hearsay evidence, which under some circumstances may be allowed. It is a very complex issue because many different things could come up, so it is important to have a good and experienced attorney.