2007-09-09 06:15:23 · 12 answers · asked by yepunhuh 2 in Family & Relationships ➔ Marriage & Divorce
We are going through a divorce that was filed in March of 07 that I was not aware of until Aug.31 07 charges were filed Aug.28 an she says that I raped her on Aug 25, an Aug 27 an she went to hospital where it came back neg.{rape kit} I 22hrs from time she said I raped her police read me my Rights and investegated me but proscuter droped it. I got a oreder for protction on her and got emeregncy custdy of kids but in court they used the rape against me cause they didnt have results back and as of now i cant even see my three children for 30 days. And now i reside in a motel cause judge gave her temp.custdy of kids and my house that i just bought in June and at court i was informed that we have been legaly seprated as of March which I wasnt informed until Aug.31 So I need all the info I can get on what I can do to her !
2007-09-09 06:42:31 · update #1
Rape kits can be inconclusive with regard to an assault. However, if you think she was just flat out lying and she made a formal complaint it MIGHT be possible to have her charged with filing a false complaint IF you can convince the detectives to go forward with that.
At this point I would talk to the detectives and my lawyer. You can ask to have any court dates moved up especially if you think it's in the best interest of your children. Good luck and I hope everything works itself out quickly.
2007-09-09 06:22:25 · answer #1 · answered by indydst8 6 · 0⤊ 1⤋
There really isn't near enough to that question to give a good answer, but I will try. If it was proven that she cried rape as a manipulative measure over child custody or such, yes, she can be charged with several different things, harassment, false statements to the police, etc.
If you did not rape her and she charged you with rape I think I would find an attorney as soon as possible and get the heck out of there. Those kinds of accusations are the kind that can ruin you life and change your other relationships.
If indeed you did rape her, take your punishment and get some help. Good luck.
2007-09-09 06:24:01 · answer #2 · answered by suzieQue 2 · 0⤊ 2⤋
The only thing a rape kit would come back postive for would be bodily fluids, if you did not ejaculate then there would be no bodily fluids but that does not prove that a rape/assault did not occur. A woman has the right to say "no" to sex and if at anytime she said "no" and you didn't listen it IS rape, whether there was ejaculation or not. As far as the filing for separation and divorce, it takes time for a person to be served. She doesn't HAVE to tell you that she filed for divorce.
2007-09-09 13:49:26 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Rape is a very hard crime to prove, kits don't always come back right and blah blah blah.
The best thing for you to do, b/c she can still push that you did rape her. but not enough evidence to prosecute.
Get a lawyer and get your kids and get away fromt he crazy.
2007-09-09 08:09:15 · answer #4 · answered by his wife 4 · 0⤊ 1⤋
If there is proof she lied, you can push for her to be arrested for filling a false police report.
And then sue her for damages you have suffered.
2007-09-09 06:28:00 · answer #5 · answered by cris 5 · 0⤊ 1⤋
I would think so because she lied to a police officer and filed a false police report. It would also be defamation of character.
2007-09-09 06:22:29 · answer #6 · answered by juniper555 5 · 0⤊ 2⤋
What a horrible thing to do to someone!!back to your question...i believe you can, because she brought false charges and that's a crime! but it's up to the detectives and the da's office, but I'm not sure. speak to the detectives or cops that were involved. GOOD LUCK! GOD BLESS!
2007-09-09 06:43:12 · answer #7 · answered by Anonymous · 1⤊ 2⤋
only if she has charges pressed against you. You can sue her defamation of character but seriously doubt if anything would come out of it in court
2007-09-09 06:21:58 · answer #8 · answered by Arthur W 7 · 0⤊ 2⤋
I don't know but why are you two fighting like this? She is NOT your soulmate. I don't even know why you would even marry such a woman that would even think that. Don't have your wife arrested. Just seperate until you get things worked out.
2007-09-09 06:23:33 · answer #9 · answered by astrolame 3 · 0⤊ 3⤋
I would hope so. But then again look at the duke stripper case. I have not heard about her being reprimanded.
2007-09-09 06:22:36 · answer #10 · answered by Anonymous · 0⤊ 2⤋