How Sexual Assault Charges Affect Divorce

Sexual assault and rape can exist in the context of a marriage or other relationship. Marriage does not entitle your spouse to have sex with you against your will. Unfortunately, some people do not protect themselves because they do not know it is a crime or they are afraid to lose their marriage. If your spouse is sexually abusing you, you have the right to request an order of protection against your spouse. You should also consider whether you want to divorce your spouse and how your sexual assault allegations may affect the divorce. Order of Protection Before you start the divorce process, your first priority is to protect yourself from continued sexual assault and possible retaliation from announcing your decision to divorce. Some victims leave their spouses and find refuge with a family member, friend, or women’s shelter. However, you have the right to force your spouse to leave by filing for an order of protection, also known as a restraining order. The first step…

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