The world health organization records that at least 30% of women are raped by their partners. The statistics of men raped by their partners globally is at least 30%.
This indicates rape occurs and is prevalent in marriage. This can be a devastating experience for the victim of rape. It can cause psychological and emotional trauma to the victim.
Getting out of this situation may require taking the legal route. There are various laws against marital rape that provide justice to victims. It is best to involve a lawyer to help you through the process and advise you on the best possible way out.
Oftentimes, victims of marital rape may be confused about whether to hire a domestic violence lawyer or a divorce lawyer. This article addresses your concerns and the pros and cons of the type of lawyer you can hire.
Difference between a domestic violence lawyer and
a divorce lawyer
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A domestic violence lawyer specializes majorly in criminal law. This may involve civil law when the victim demands compensation from the abuser for injuries suffered. A domestic violence lawyer ensures the victim gets justice under the law. They also ensure the abuser of the victim gets punishment according to the law.
A divorce lawyer specializes in only civil law. They handle family law cases and divorce cases come under family law. They ensure the divorce and separation of their clients. They also ensure the divorce case of their client gets the desired outcome.
Some lawyers specialize in both areas especially if it involves marital partners.
Pros of hiring a divorce lawyer
Although marital rape is considered a crime and the case should be handled by a domestic violence lawyer, it is important to note that a victim of marital rape may want to divorce their spouse. This option is a way to leave the marriage and avoid recurring rape from the abuser. Thus, a divorce lawyer is important in such cases.
Reasons to hire a divorce lawyer include:
The divorce lawyer serves as a communicator between you and your spouse. Marital rape is a painful experience. This is likely to hurt a great deal and cause resentment because the abuser is your spouse. To avoid a messy divorce process, your divorce lawyer should be the mediator. This also helps you avoid awkward moments that will arise if you have to speak with your spouse.
The divorce lawyer can advise you from an objective point of view. You are most likely to be emotional and not view things from an objective perspective during the divorce process. A divorce lawyer has experience handling cases similar to yours. A divorce lawyer is the best option to help make rational decisions during this process.
A divorce lawyer is familiar with the intricacies of laws related to your case. Your case will be assessed taking into account all of the requirements of the law. You are sure to get the best possible outcome this way.
The legal process of a divorce involves documentation. Legal documentation requires the experience of an expert divorce lawyer. There are important documents that you may need to file in court during the process. Documents like marriage certificates and property documents may be used as evidence.
Child custody plays a major role during the divorce process if children are involved. A divorce lawyer can preserve your relationship with your children by fighting for your rights as a parent.
Process of divorce
The first step in the process of divorce is to file a petition. This divorce petition requests the court to dissolve the marriage. The petition must state the following:
That at least one of the parties to the divorce will be living in the state for 3 to 12 months. The party must have also lived in the country the petition is filed for at least 10 days to 6 months.
The legal reason for the divorce must also be clearly stated in the petition. In this instance, the main reason would be marital rape which makes it intolerable to live with the respondent (abuser).
The second step is to file the proof of service of the petition to your spouse. This indicates to the court that you have given a copy of the petition to your spouse and they are aware of the divorce process. This also enables your spouse to file a reply to the divorce petition.
The third step is to attend the settlement conference with the judge. In this conference, you negotiate a settlement with your spouse if there is a need for child custody and division of assets. At this stage, it is also advised to go through mediation.
A neutral third party is arranged by the court to try to resolve the issue amicably without going to trial. The fourth step is to proceed to trial if the mediation process fails. During the divorce process, the parties are to present evidence to support their claims. In marital rape cases, a good example of evidence to present is a medical report.
A medical report can show records of injuries sustained during rape. You can also present your doctor as your expert witness to corroborate your claim. The judge will then make a final decision based on the testimonies and evidence presented.
The final step is the delivery of the judgment by the judge. This judgment is an order of dissolution of marriage. This puts an end to the marriage. It also states the division of assets and all other issues raised in the petition.
Conclusion
Going through marital rape can be painful and disheartening. It gets more difficult when you go through the process of divorce without the guidance of a lawyer. Hiring a divorce lawyer guarantees your best interests being met in the case. It is also one of the best approaches in dealing with marital rape. This gives you freedom from the abuser (your spouse) and enough time to heal from the trauma.