Sex Crimes Defense Case Study: Polk County Acquittal on Marital Rape
A 41 yr old man was acquitted of 2 counts of Rape, 2 counts of Sex Abuse and 1 count of Strangulation in Polk Co on April 30, 2014. His wife made the accusations 1 year after the alleged incidents took place.
The state alleged forcible compulsion, the highest degree of Rape and Sex Abuse. Defense attorney Gig Wyatt pointed out that the allegations were made after defendant’s wife learned her husband had an illicit affair.
Wyatt told the jury “you have to be an armchair psychologist here. You can see her hurt, her anger, and the way she has transferred her pain into this accusation. This is her only way she can hurt him back.”
She alleged that he had raped her on 2 different occasions, but the defense pointed out that those occasions were on days he was returning from being out of town with his mistress. Again, Wyatt pointed out, she pointed to the very dates when he hurt her and turned those into false accusations. The defendant was convicted of 1 ct of misdemeanor assault. “I didn’t think the facts supported that offense, but I think the jury wanted to acknowledge her pain in some way,” Wyatt commented. The defendant was given misdemeanor probation stating, “I’m very happy with the result.”
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