What Constitutes Sexual Abuse in Marriage in Michigan?

No person should ever have to endure the trauma of sexual abuse, let alone within the expected safety and sanctity of marriage. Yet, for far too many, the unthinkable becomes a harsh reality. If you or a loved one are suffering from sexual abuse in your marriage, please know that you are not alone, and there are legal protections and options available to you in the state of Michigan.

At LaBre Law, our heart goes out to anyone facing this devastating situation. We understand the complex emotions and challenges you may be experiencing, and we are here to provide the compassionate, experienced guidance you need to take the next steps, whether that means seeking justice, finding safety, or pursuing divorce.

In this blog, we’ll explore what constitutes sexual abuse in marriage under Michigan law, outline your rights and legal recourses, and offer support as you navigate this difficult chapter.

At the LaBre Law Office, excellence is our standard.

Understanding the Legal Definition of Sexual Abuse in Marriage

When it comes to the legal parameters surrounding sexual abuse and domestic violence in Michigan, the law is clear: any non-consensual sexual act or contact constitutes domestic violence and sexual abuse. This includes situations where consent cannot legally be given, such as when one spouse is incapacitated due to alcohol, drugs, or a mental disability.

Importantly, the law recognizes that the marital relationship does not negate the requirement for full, affirmative consent each time. Just because you are married does not mean you have given blanket permission for any and all sexual activity. Your bodily autonomy and right to choose what happens to your own body remain intact, even within the bounds of matrimony.

The Intersection of Sexual Abuse and Divorce in Michigan

For victims of sexual abuse within their marriage, the decision to pursue divorce can be an incredibly difficult but necessary step. Under Michigan law, sexual abuse is considered a form of domestic violence, which can have significant implications for the divorce process:

• Sexual abuse can serve as grounds for filing for divorce on the basis of “irretrievable breakdown of the marriage”
• Evidence of sexual abuse may impact child custody and visitation determinations to protect the safety of any children involved
• Victims of sexual abuse may receive additional financial support or property division to account for the harm inflicted
• Personal protection orders can be obtained to legally prohibit the abusive spouse from contacting or harming the victim

Considering the complexity of divorce proceedings in these situations, consulting an experienced domestic abuse attorney is crucial to ensure that your rights and interests are fully protected.

Protecting Yourself: Legal Options for Victims of Marital Sexual Abuse

If you are suffering from sexual abuse within your marriage, know that you have legal options to protect yourself and seek justice. At LaBre Law, we can help you understand and navigate the following:

• Obtaining a personal protection order (PPO) to restrict your spouse’s ability to contact or harm you
• Filing criminal charges against your spouse for sexual assault or other sex crimes
• Seeking an expedited divorce on the grounds of domestic violence and sexual abuse
• Requesting temporary alimony, child support, and exclusive use of the marital home for your safety
• Securing sole or primary child custody to prevent your children from being endangered

The path forward may seem daunting, but you do not have to face it alone. Our compassionate domestic violence attorney is here to provide the skilled legal representation and emotional support you need to reclaim your safety and autonomy.

Navigating the Divorce Process When Sexual Abuse is Involved

When sexual abuse is a factor in a marriage, the divorce process can become especially complex. At LaBre Law, our experienced attorneys understand the sensitivity of these cases and will guide you through every step, protecting your rights and safety as you work to expedite the divorce, secure financial support, and establish custody arrangements that prevent further harm.

Looking for a Michigan Domestic Abuse Attorney? LaBre Law Office Can Help

If you’ve been searching for a sex crime defense attorney or domestic abuse attorney in Michigan, look no further than the LaBre Law Office. With 43 years of combined experience, our attorneys have seen it all, and have helped countless people who once found themselves in your present situation. Contact us at (269) 431-2058 or complete our online form to schedule a consultation. Our experienced team will guide you through each step of the process. Excellence is our standard.

Copyright © 2024. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/