Why You Need a Criminal Defense Lawyer—and Not Your Divorce Attorney—If Charged With Spousal Rape

You just found out your wife can accuse you of rape, and that is why you are here. These cases are more common than you think. Stop beating yourself up. You are a smart guy. You did not see this allegation or setup coming. You think you should have seen it coming, but you never really thought she was so conniving, cunning, and EVIL.

Why Would Your Wife Charge You With Spousal Rape?

In this situation, I am not talking about the accusation of a drunk husband who came home and forcibly had sex with his wife. I certainly represent those cases as well, but those are much more consistent with a standard first degree rape case and less nuanced than the deliberate set up or deliberate lie.

I am talking about that case where:

  • You know the marriage is over and are just waiting for her to file for divorce, and she has now made the allegation of rape after you had sex with your spouse. The spouse is seeking a tactical advantage in the divorce. I see this most often when there is a prenup and the accusing party is going to be frozen out or given a very reduced piece of the pie.
  • You are going through a divorce, she attempts to “reconcile,” you have consensual sex with her, and then she cries RAPE. Again, this is to get a tactical advantage.
  • You cheated on her and she is pissed. So following make-up sex, she makes an allegation of RAPE.

FALSE ALLEGATION, FALSE ACCUSATION. The sex is consensual, except the purpose of the sexual encounter for her isn’t love, lust, passion, or reconciliation, but revenge, a strategic advantage, child custody issues, etc.

Why Your Family Law Attorney Is Not the Right Attorney for Your Spousal Rape Criminal Case

You probably have a lawyer right now for the divorce or child custody matters. Good. Keep your divorce attorney working that angle and that body of law. Now, maybe your divorce lawyer has done some criminal work in the past—maybe even recently. However, charges of spousal rape are serious; they carry a possible sentence of five years to life in prison. You legitimately have a question whether or not your divorce lawyer is also the right lawyer for a rape case.

The politically correct answer is: Maybe, perhaps, it depends, or even a brief discussion about how that is an individual client determination. The truth: hell no. How the hell is a divorce attorney competent to handle this type of case? He isn’t. You need two lawyers.

Use the right tool for the job. I use a multi-disciplinary approach to these cases. I make certain my client has a divorce lawyer for the divorce and child custody matters; employment law attorneys for any adverse actions in the workplace; civil rights or personal injury attorneys for law enforcement’s heavy-handed tactics; and psychologists, psychiatrists, and other experts necessary to treat not only the client’s legal problems, but the whole person.

In Oklahoma, although we do not have a state board of legal specialization, we certainly have lawyers who specialize in various types of cases and practice areas. We just don’t call it specialization, and we use words like dedicated, focused, exclusive, limited, directed, etc.

Considering you are facing five to life in prison for a sex crime and lifetime registration as an aggravated sex offender, it is highly recommended you hire the attorney who has dedicated and focused his practice exclusively to the limited area of sex crimes and crimes against children.

When you have a massive heart attack or stroke, you would not go to see your urologist just because he is currently treating you, graduated from medical school, and is licensed to practice medicine in Oklahoma. If you do, and his is so incompetent and unethical that he actually attempts to treat you, it will likely be your last bad decision. Ever.

Let Attorney Lee Berlin Build Your Defense Against Spousal Rape Charges

You get it. That is why you are here. Make another intelligent decision and get the exclusivity of a limited-practice attorney to work cooperatively with your divorce attorney for the comprehensive treatment of your legal needs. Call Lee Berlin today and schedule your initial client meeting and hire a professional to handle this issue.