As bad as it gets.

[Maxx2]

I had two guys contact me recently about their GCG wives.

Guy #1 a Russian American named Yevgeniy from California. Got charged with spousal rape by his Russian wife. Arrested, tried, found guilty and sent to prison. Year and a half later got a new trial and the verdict was overturned. Last week the $2,018,000 lawsuit against him by his ex-wife was dismissed by a jury ( I seen the online court records).

Guy #2 a 26 year American named David from Louisiana. Got charged with spousal rape and kidnapping by his Mexican wife. She is 36 years old. According to him he had the Wal-Mart surveillance video tape of them together going into the store and buying a video camera. She had plenty of opportunity to flee or ask for help.

"In the video" "We exit the store separately. I walked out holding the shopping bag with the camera inside and she walked out at least 5 steps behind me."

Later they made a film of their love making. She is seen smiling in the video clip.

"To top it all off, you can hear her giving me orders during the sex act! You can see her on several occasions grab my penis and introduce it to her vagina! In the video during our sexual escapade she tells me that she loves me and that she wants to spend the night with me."

Anyway he was found guilty of spousal rape and kidnapping. Sentenced to 30 years in prison and is serving his sentence at the Rayburn Correctional Center, Angie, Louisiana.     


Both of these cases the marriage was falling apart and the wives were in a bad need of a green card. The wives tempted their husbands back with offers of sex.

Maxx   

[BillyB]

How in the World does a woman prove her husband raped her? Is her words the only thing the law requires to convict her husband? Of course husbands and wives have sex all the time and the husbands bodily fluids and DNA will be all over her. Maybe an attorney who knows something about the law pertaining to this can provide input?

[kievstar]

Another reason not to live in Louisiana and California. 

[Maxx2]

How in the World does a woman prove her husband raped her? Is her words the only thing the law requires to convict her husband?

There might be more to the case than what the guy told us. He caught his wife in bed with another man. Then told her he was going to abandon his sponsorship. She flips out. Shortly later she reconciles with him.

What hurt his case was that he didn't provide a motive for her lying. He got something from the USCIS two months after his sentencing saying that charges of abuse are used by immigrant women to secure their immigration staus. The police asked him "Why didn't you tell us about this before?" Remember in my case the judge said that my case was a "very, very close call" and "a close case" because I entered in to the record that it was about her needing an abuse charge to get a green card. What I surmise in all of this is a person has to present in court the motive for making false accusations otherwise the judges will believe the accuser.
   


False charges for a green card is elementary for us but it seems to fly over the heads of judges and the police.


Maxx
 

[Jumper]

Maxx,
most attornies know it well enough,
i really REALLY doubt you can find a family law attorney, that doesnt have decen knowledgfe,
of the  immigration/false DV scenerio

if this guys attorney din't provide that information (of her motovation) to the court.
the guy had one poor excuse for an attorney?

30 years?
i find the verdict very odd, and suspect far more to that story than whats presented here.
This guys background or actions,,  something ? must have swayed the jury

The average violent rape case sentencing is nowhere near that severe?
 and this was spousal rape ,much harder to prove and define beyond reasonable doubt?

[Maxx2]

I suspect there are more things that he isn't telling us. My feeling is that they liked it rough, a S&M relationship. He said she worked in a bar and knew how to handle men. Also something about her still being married to her previous husband. And his attorney not calling up any of his witnesses.  I have to get running now but I will add some others things that seem suspicious. 30 years is quite a sentence.


Maxx

[William3rd]

I had two guys contact me recently about their GCG wives.

Guy #1 a Russian American named Yevgeniy from California. Got charged with spousal rape by his Russian wife. Arrested, tried, found guilty and sent to prison. Year and a half later got a new trial and the verdict was overturned. Last week the $2,018,000 lawsuit against him by his ex-wife was dismissed by a jury ( I seen the online court records).

The rejection of the claim by a jury shows that the 51% level of preponderance was not reached. Overall bad performance by wife. As time goes on, the stories seem less credible.

[OlgaH]

Twenty Years In Prison For Having Sex With His Wife

http://www.eagleforum.org/column/2006/feb06/06-02-08.html

William J. Hetherington has been incarcerated in Michigan prisons for more than 20 years for having sex with his wife Linda. In 1986, he became the first man in Genesee County convicted of the new Michigan crime called spousal rape.
No physical evidence of rape was produced at the trial. A pelvic examination of Linda at the hospital three hours after the alleged offense showed no evidence of injury or forced penetration.
The court-designated psychologist who examined Hetherington, Dr. Harold S. Sommerschield, Ph.D., concluded: "This is not a man who would force himself sexually or hostilely on another individual, as this would be foreign to his personality dynamics. ... his histrionic personality ... would substantiate his explanation of what has occurred in regards to the relationship with his ex-wife."
The rape charge was prosecuted simultaneously with the custody case, and the divorce court had frozen all Hetherington's assets so he had no money to hire a lawyer or make bond. Nevertheless, the criminal court ruled that he was not indigent and refused to provide him with a lawyer.

For 12 years, the court refused to provide Hetherington with a transcript of the trial.

Linda walked away with custody of their three daughters, the marital home, and all marital assets.

[felix8787]

Twenty Years In Prison For Having Sex With His Wife

http://www.eagleforum.org/column/2006/feb06/06-02-08.html

I just got done reading this piece and it goes to show how bias the system is and this dirt bag wife/ex-wife is POS. Something needs to be done, his rights were seriously violated.
I guess constitutional rights and due process don't mean a damn thing here in this case.

[viking]

http://www.ndaa.org/pdf/vaw_rape_statute.pdf

Some states are far more lenient than others and some or just off the map. But it is rare that a first offender, especially with such evidence, should be treated so harshly. Something else happened here.

[Maxx2]

http://www.ndaa.org/pdf/vaw_rape_statute.pdf

Some states are far more lenient than others and some or just off the map. But it is rare that a first offender, especially with such evidence, should be treated so harshly. Something else happened here.

Ever see the Errol Morris film "A Thin Blue Line"? Justice can be really corrupt at times.
http://en.wikipedia.org/wiki/The_Thin_Blue_Line_(documentary)

[jennyfrmtheblock]

Are you guys just looking to keep the image going for you of an innocent victim? Nobody gets 20-30 for rape! Unless he has lots of priors and/or a history of domestic abuse. Why did u post a copy of this legal document? It is probably defense's oral argument, of course it's going to say that the defendant does not deserve the punishment. Duh!

"The rejection of the claim by a jury shows that the 51% level of preponderance was not reached. Overall bad performance by wife. As time goes on, the stories seem less credible." - this is a civil suit. The husband can file BK and get the judgment discharged or even worse be a dead-beat and never pay it.

And don't think that prosecutors have nothing better to do than prosecute husbands for raping their wives. Yes, a marital rape happens and it's very hard to prove, nobody would prosecute just for fun with no basis for the allegations.

[BC]

Are you guys just looking to keep the image going for you of an innocent victim? Nobody gets 20-30 for rape! Unless he has lots of priors and/or a history of domestic abuse. Why did u post a copy of this legal document? It is probably defense's oral argument, of course it's going to say that the defendant does not deserve the punishment. Duh!

I believe the document Maxx posted was for his proceedings and not for the man sitting in jail.

[jennyfrmtheblock]

Does it matter? It's still a defense-side argument.

[docetae]

What is the goal of this post ? If this to demonstrate than men are exposing themselves to a risk, it means nothing if given like this. Additional information needed:

- What is the % of cross cultural relationship in these states
- Is this proportion of abuse claim the same among this population than in "no cross cultural" relationships ?

[Maxx2]

The document was the judge's summation and decision on my case. Why I posted it was to show that a man needs to introduce the true motive on why the charges are being made against him. Simply put "She is doing this to get a green card by using an USCIS self-petition for abused spouses". The fellow in the original post never did this during his trial. In my case I made the argument that my wife never entered our marriage in good faith or intent. That our coming divorce which I had filed was going to endanger her immigration status. That her counter move was to claim abuse so she can self-petition herself with the USCIS. That in addition to this being her motive for making false charges her whole conduct during our marriage was lying and deceit. This is why the judge said "This marriage might not fit INS standards". I alluded to the idea that her lying and deceit in our marriage was being repeated in his court. This is why the judge said my case  was " a very very close call" and a "very close case". A motive on why false charges are being made needs to be introduced by the defendant. 

This seems like a very simple concept right? Yet the immigration motive of the accuser goes over the heads of most judges and juries. They just see it as another 'man abuses woman' case.



Maxx

[biginch]

for the most part any woman in louisiana can have any man imprisoned for rape with a good story and a willingness to commit perjury.  physical evidence not needed. (for up to two years after the alleged incident)

aggrivated rape is punishable by DEATH in louisiana.