How dare you lie about me like that.
You vile disgusting pig.
My argument is that the redefinition of "rape" to include forced sex within a marriage is destructive to society because it undermines the institution of marriage.
Do you know what happens when a man is falsely accused of rape by his wife as part of her divorce strategy?
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Lawyers alarmed at criminal charges in family cases
“Over the past 10 years, I have noticed an increase in the prevalence of these types of offences with a disturbing trend to use the criminal process as a quick means to obtain exclusive possession of the matrimonial home and thwart custody and access to the children of the relationships,” says Neuberger.
When someone makes a complaint, police must lay charges.
In family litigation, a criminal charge is like a red flag even when the case is still before the court. Additionally, the introduction of the criminal process can throw a wrench into any friendly resolution of the matter.
“So if you want to play the game, ‘I want custody, I want to control the situation,’ often people will take the position, ‘I’m going to call the police,’” says Maltz.
Immediately, the accused leaves the home and can’t communicate with the spouse and the children or come within a certain distance of the house. That makes the issues of custody and access more difficult.
As a result, according to lawyers, the spouse making the allegation has an edge in the case. With exclusive access, the children themselves could become pawns in the case.
Delays in the criminal system complicate the situation as the charge can easily loom for a year. By the time it’s over, says Maltz, the damage is done.
“How do you combat that?” he asks.
As both a criminal and family law practitioner, Daniel worries the situation could lead to further abuse of the criminal justice system.
“It usually comes about when there’s a matrimonial breakdown and then police are called,” she says. “I’ve had a lot of criminal clients that have had proceedings against them . . . and family court proceedings follow.”
It’s difficult, she adds, to discern fact from fiction. Clearly, the issue of abuse between couples is one the courts take very seriously. But it’s also clear to many lawyers that some people use the process to further their own family law case.
“Unless you personally are witness to what the situation was . . . you don’t know 100 per cent,” says Daniel. “However, you can assess the situation and have a good judgment.”
At the end of the day, it’s the subjects of many of those disputes who suffer the greatest impacts, says family lawyer Kristy Maurina.
“We are dealing with real lives and the interests of children,” she says. “It can have a detrimental impact on the children who are already dealing with the pain of separation and are now faced with a loving and involved parent who is suddenly not allowed to see them anymore.”
For those involved in a marital dispute, the damage is immediate once someone levies a criminal charge.
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