Child custody disputes can bring out the worst of people as they fight for their right to see and raise their children after a divorce, especially if the marriage ended on considerably bad terms. When push comes to shove and the stakes get high, some people can turn to dastardly deeds to try to win their way. It is not entirely unheard of for a spouse to make up false accusations of rape to try to cast his or her husband or wife in a dark, negative light before the court.
When a family law judge hears accusations of rape or other forms of domestic abuse, it needs to be taken seriously. Temporary orders may be made to keep the accused away from the children, and restraining orders can limit where they can go until the matter is fully resolved. If you have been accused of rape by your spouse during a child custody dispute, you must prepare to defend yourself, your name, and your rights, even if they do not have any intention to press charges.
Key Elements to Your Defense
If you are targeted by false rape allegations, you can protect your name by providing:
- Your criminal record: You will need to start showing that you are not a violent or unreasonable person. If your criminal record is clean or has no history of aggressive or sexual crimes, it can show the court that the allegations are merely defamatory and not based on a truth.
- Spouse’s medical history: People who have been raped or sexually assaulted will typically undergo specialized medical reviews or testing afterwards to ensure their health is stable. If your spouse has no unexplained injuries or trauma on their medical record, it could indicate that no sexual attacks ever occurred against them.
You should also start looking into your spouse’s chances of gaining child custody before the accusations were made. Do they have a history of irresponsibility? Are they not financially stable? If there is ample reasons to show that they would not have won full child custody, it could be indicative of an ulterior motive behind the rape allegations.
At The Edmund Law Firm, we believe our San Diego family law attorneys should be your first choice of legal representation while going through a child custody dispute and after being accused of marital rape. Not only are we knowledgeable with all matters related to divorce but we also have highly-experienced criminal law defenders on our team. We can approach your case from all angles to ensure you are protected and represented in an honest light, as you deserve.
Get more information about our services by contacting our firm today.