False allegations of sexual assault while divorcing is one of the most unfair, yet most effective tools used by wives against their husbands during a divorce.
Some divorces get really messy, and oftentimes, people will stop at nothing to gain an advantage in divorce proceedings, even it means lying in court and making up false allegations.
Unfortunately, even false accusations of sexual assault can help a wife gain an unfair upper hand. Regardless of whether the accused’s lawyer can or cannot prove that allegations are false, sexual assault accusations can benefit the accuser tremendously.
False allegations of sexual assault in divorces
“Utah family courts treat allegations of sexual assault and domestic violence very seriously, which is why they often choose to protect the accuser first, and only then assess the credibility of the allegations,” says our Salt Lake City divorce attorney at The Ault Firm.
When allegations of domestic violence or sexual assault are made, it is very easy for the accuser to obtain a restraining order, which, in turn, gives the accuser additional leverage in divorce proceedings. These false allegations can affect the outcome of the divorce even though they are false.
As you may have guessed, people abuse the tactic of making false allegations in court way too often. Some manage to get away with it, while others are punished for lying in court. If you are facing false allegations of sexual assault during a divorce, do not hesitate to get legal help from an experienced divorce attorney in Salt Lake City or elsewhere in Utah.
Is it possible to refute false allegations of sexual assault?
While some states impose no legal consequences and penalties for when a husband sexually assaults his own wife, Utah is not one of those states. In Utah, courts treat sexual assaults that occur in and outside of marriage equally.
Without a skilled lawyer by your side, it can be very difficult to refute something that your spouse claims to have happened behind closed doors a long time ago. “No way! My wife would never accuse me of such a thing!” you are probably thinking.
Well, as we have mentioned earlier, divorces can get quite messy, and some people will stop at nothing to get what they want. If you have shared the bed with your spouse for X number of years, the things your spouse can claim in court to gain an advantage may shock you.
How a Salt Lake City divorce attorney can help you
Why do some people do it? First and foremost, out of revenge. Only a small percentage of divorces end amicably. In the vast majority of divorces, spouses want to drag their partner’s name through the mud. Others use false allegations to secure custody of children.
And more often than not, spouses use false allegations of sexual assault as their bargaining chip to obtain a more favorable divorce decree and split assets in their favor. Fighting against false allegations of sexual assault is a dangerous endeavor, as everything you say and do will be used against you.
That is why the wisest decision to battle false allegations of sexual assault during a divorce is to hire a Salt Lake City divorce attorney. There is a wide variety of methods to refute false allegations of sexual assault. Get a free consultation about your case by contacting The Ault Firm today. Call our offices at 801-539-9000.