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Expert witness attacks wife's credibility in sexual assault case

A divorce is typically a difficult time for all parties, especially when it involves children or a large amount of assets. Some parties in a divorce may resort to deception to obtain favorable terms, as the following case shows.

A surgeon who recently sold his lucrative practice is currently on trial for sexually assaulting his wife. An expert witness for the defense is challenging his wife's accusations on the basis of the couple's impending divorce.

The wife claims that her husband gave her a powerful sedative before sexually assaulting her.

The witness is a former lieutenant in the Denver Police Department, who is testifying as an expert in false sexual reports. He claimed the wife's report met five of the six motivating factors in filing a false report. Among the factors are the wife's desire for revenge, trying to gain sympathy, and a motivation to get more money in the divorce.

The expert witness also testified to jurors that he doubted the woman's account of how the assault could physically happen the way she described it. He also noted that the woman is also a doctor, who is experienced in obtaining evidence to prove sex crimes. The woman did not have a rape exam performed on herself after the alleged assaults.

Other witnesses in the case stood up for the husband's credibility.

While many divorces never get this complicated, it's important for spouses to be truthful about the circumstances revolving around the end of a marriage. False allegations and lies don't serve either spouse well, and it could have a negative effect on any children who are involved.

Source: Inforum, "Defense expert attacks wife's credibility in trial of surgeon accused of drugging, sex assaults," Mike Nowatzki, Nov. 15, 2012

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