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Husband Convicted of Raping Wife Granted New Trial Because, in Large Part, of Exclusion of Defense Evidence of Child Custody Dispute Between Husband and Wife

By Janet Langjahr

Maine Husband and Wife are engaged in child custody battle.

Wife accuses Husband of raping and sodomizing her, charged as multiple counts of gross sexual assault.

Defense counsel wants to introduce the custody dispute into evidence as a motive for Wife to falsely accuse Husband of sexually assaulting her. The defense also wants to introduce evidence that Husband sought an order of protection against Wife.

The trial court excludes any such evidence by the defense.

At the same time, the prosecution reportedly repeatedly denies the existence of a custody dispute to the jury.

Husband is convicted of some but not all of the charged counts of gross sexual assault, a felony punishable by up to thirty years’ confinement.

Husband moves for a new trial, contending that his trial was unfair and that he was denied due process for the above and additional reasons.

The Husband is granted a new trial.

The prosecution is contemplating appealing that ruling.

Read more in this Ellsworth [ME] American article: New Trial for Man Convicted Of Wife Rape.

Interestingly, comments posted by members of this small town, local community uniformly suggest that the article contains inaccuracies and bias in favor of Husband.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on March 29, 2009 (boomark / email).