Baltimore, MD asked in Criminal Law, Divorce and Personal Injury for Maryland

Q: Legal options for woman raped and assaulted by former husband

Hi

A woman I know divorced 4 years ago. However even to this day verbal abuse continues that is very bad. In the 12 years they were married, she was physically abused and raped by her former husband. He is in the military and she went to them for help and they would not help her. Our question is, what are her legal options at this point based on these events? Can she sue him or file charges or both? Or is there any other action recommended?

Thank you

1 Lawyer Answer
J. D. A.
J. D. A.
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: The statute of limitations for sexual or other battery (assuming she was 18 or older at the time) is 3 years. There is no criminal statute of limitations for sexual assault. It may be relatively difficult to get a prosecutor to take the case given the passage of time- but depending on the facts, it might be possible. She might be able to get restitution if he is convicted. As for the continuing verbal abuse, it depends on how severe it is- she might have a civil claim. Or she could be entitled to a protective order if there are threats of violence.

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