What do you think will happen?

Question

I live in Georgia...My husband has been locked up for a year now because he stabbed a man in the back in self-defense..Because he woke up to a 43 year old man raping me while I was sleeping in our own place...We didn't know for sure if he actually raped me but 2 wks ago we finally got the results from the rape test back and it was positive....When he goes to trial what do you think his chances are? He's a wonderful husband but we're really scared of never being together because of a pervert....What's your opinion?

Answer 1

Yes, there are definitely details missing from your short summary here. But, I've checked out your story, mostly out of curiosity, and am satisified that you are on the level. Basically, I located court summaries online from the preliminary hearings. I will attempt to answer you honestly, but not go into great detail to respect your privacy.

There are a few things that will have a large bearing on your husband's case. If there is enough evidence in the results of that rape kit, then the DA might consider dismissing the case. However, that is only a slim possibility.

A few questions that will carry weight in court: You said the rape test was "positive", but positive for what? If it was simply positive for seminal fluids, that will not help your husband much. The DA might claim it was consensual and your husband acted out of anger instead of self-defense. If, however, there was evidence of tearing, bruising, or other evidence of force, that will help his case quite a bit. Unfortunately, given the condition you were allegedly in, they may not have been enough force to cause any injury. Also, if the rape test came back positive for the sleeping aid you told the officers you were using that night, that would help a great deal. That would not only back up your story, it would show that you were in no condition to grant consent anyway.

There are also many other things that will affect your husband's case at trial. Talk to his defense attorney and ask him to sit down with you and go through everything with you. Tell him you are worried and would like to know what is going to happen in the coming weeks and months. Ask him if there is a chance that, given the new evidence, the judge might reconsider the no-bond order. It might not work, but if it does, at least you and your husband could be facing this together. It's worth a try, but don't get your hopes up too high; judges don't like to change rulings without a really good reason.

Even if he is found not guilty, the road ahead of you both is still going to be rough and bumpy. The process could still conceivably take several more months. Just try to take one day at a time and pray that justice will take it's proper course.

If you email me with more details, I might be able to answer you with a bit more confidence as to his actual chances. As it stands, there is still a lot of information I can't take into account. My email is [e-mail] Just make the subject line your first and last name. That way I won't delete it.

Answer 2

I'm sorry but, your story sounds a TAD bit FAR fetched. First he woke up to a 43 year old guy raping you. Exactly how did a 43 year old man get into bed and Start raping you without EITHER of you waking up right away. 2nd. It doesn't take 50 weeks to get test results back. 3rd. I've never even heard of a RAPE test. The doctors exam you and check for sperm samples at teh hospital after an attack and No it doesn't take 50 weeks for results. If your story is true I am sorry but, I do have my doubts about it.

Answer 3

Present all your evidence in court properly just like proving that your husband was defending you from being raped by a man. That the act was purely in defense of you from the unlawful provocation being made by the intruder. On the other hand, prove that the rape was committed just like the bruise that you sustained and that the positive test for pregnancy.

Answer 4

Your husband has been locked up for a year and he hasn't even been on trial yet? And the rape test results only came back two weeks ago? Sounds rather odd.

Answer 5

Well, in Texas, it clealy states in the statutes that you have the right to use force, up to and including deadly force to protect yourself and your family. Intruder inside your home, much less trying to rape you, dumb dead intruder. Could not find a grand jury to indict, and probably could not find a law enforcement officer to even make an arrest on your husband. I know If what you said is all the facts, I would shake your husbands hand.

Answer 6

My opinion is that you need to lay the facts down in front of the judge. If you plead to the judge to let your "husband" go then he'll take you as a liar. They'll charge the other man with Sexual Assault. AS for your husband, if he didn't kill the man than self-defense might be acceptable.

Answer 7

Your story seems fishy. How do you not know if you were raped? Did you think you may has consented? There are tests to look for physical evidence of rape, but unless you were drugged or in extreme shock, you knew that night if you had been raped.

Answer 8

There has to be alot more to this than posted. "asleep" during a rape, your husband woke up and stabbed him ( does he keep a knife under the pillow)

? not sure you were raped ??

I am sorry but a more complete story would be needed

Answer 9

How did you not know he was raping you? I'm a little confused there. I'd assume it would be self defense seeing it happened in your house.. I don't see why this would be differant than shooting somebody who broke in. Hopefully he would get off.. Good luck..

Answer 10

Sounds to me like there's some facts missing here.