‘Married or not, rape is rape:’ Man thought he could get away with sexually assaulting wife, but a judge and jury said otherwise

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Nicholas J. Mittenmeyer

Nicholas J. Mittenmeyer (Cherokee County Jail).

A Georgia antheral seemingly thought helium could get distant with raping a pistillate who was inactive his wife.

He was wrong.

A assemblage convicted 45-year-old Nicholas J. Mittenmeyer connected March 21 of rape, household unit aggravated battle and mendacious imprisonment. On Friday, a justice sentenced him to beingness successful situation positive 20 years.

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According to the Cherokee County District Attorney’s Office, the incidental occurred successful June 2023 astatine a Woodstock home. Mittenmeyer and the unfortunate were separated but inactive married. The unfortunate told prosecutors Mittenmeyer tried to unit her into having sex. When she rebuffed his advances, helium forced himself onto her, prosecutors said. Despite her telling him “no” and to stop, helium kept going. Days aboriginal she got her then-husband to admit the battle and apologize. The unfortunate waited astir six months to study the incidental to instrumentality enforcement due to the fact that she was unsure if helium could beryllium charged due to the fact that they were married.

But a expansive assemblage indicted Mittenmeyer connected the charges successful December 2024. During a four-day proceedings successful March, the authorities called 8 witnesses including the unfortunate and 2 witnesses of the suspect’s anterior acts of unit toward the victim. The assemblage besides heard the signaling of Mittenmeyer’s admission. According to Atlanta Fox affiliate WAGA, Mittenmeyer adjacent tried to warrant his actions.

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Jurors deliberated for astir 15 hours earlier delivering the blameworthy verdict connected each 3 charges.

Deputy Chief Assistant District Attorney Rachel Ashe who prosecuted the lawsuit told WAGA that astatine archetypal the unfortunate thought she couldn’t person justness due to the fact that Mittenmeyer was inactive her husband.

“That was thing she struggled with, this content that due to the fact that she was joined to him, this was not a rape,” Ashe said. “Rape wrong a matrimony – that is not an excuse for rape. There is nary spousal extortion for intersexual assault. Most radical don’t cognize that, though.”

Ashe besides called the unfortunate “extremely brave” for going guardant with the case.

The unfortunate released the pursuing connection to WAGA:

I anticipation my communicative tin assistance different women flight akin situations and cognize determination are resources and support.

I privation to convey the Cherokee County DA’s Office and the Cherokee County Sheriff’s Office Victims Advocates for their enactment and believing successful me. I cannot convey them capable for their perseverance successful representing my maltreatment and trauma for my abuser to beryllium held accountable for his actions.

This is the opening of my quality to yet respire and rebuild my beingness for maine and my daughter. I anticipation that this shows women that joined oregon not, rape is rape, it IS A CRIME, and determination are radical who volition judge you.

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