This past weekend, my husband and I attended a party. I went home at midnight, he stayed. At 5:30 in the morning police came to our house and said the neighbor of the persons having the party (she was also at the party earlier) said my husband walked into her house and took his penis out and she began to perform oral sex on him thinking it was her husband and when she realized it wasn't she stopped. She said my husband then left and then she went to the party to tell her husband what happened and now we believe they're going to file charges against him. Would this be sexual assault and if so, what will happen? The husband also threatend to sue us, telling me we were going to lose our house..is this possible? I'm very scared. Thank you.
Answered on: 6/12/06, 12:09 pm by A.P. Pishevar
Re: Sexual Assault?
There appears to be substantial legal and factual defenses to any civil or criminal claims/charges that may result from this incident. There will be a different standard applied if the charge is a "general intent" vs. a "specific intent" crime. In the General intent context the standard would be: if the mistake or ignorance is reasonable under the circumstances (offered to negate the existence of general intent or malice). For "specific intent" crimes any mistake would be a defense..."
I would strenuously advise no communication regarding this incident with ANYONE without an experienced attorney present. This a very unusual and sensitive event that must be tread carefully. Please contact our office for an appointment: at PishevarLegal.com
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