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Torrance, Arrest for Spousal Rape by Force, No File

Our client had served twenty years in the Navy, many being in Japan.  While there, he married a Japanese national.  They lived there, near her family, for about five years before he retired from the Navy.

Once he retired, the couple moved to the United States and settled down in Torrance.  The wife missed her family and struggled to adjust to American culture.  After a few months, her mom came to visit her and our client for about two weeks.
Why This Summary Matters:  No file in Torrance for spousal rape by force after Greg Hill discusses case facts with the handling detective and explains how the wife was under the influence of a Rasputin-like social worker at a battered women’s shelter who was trying to help the wife gain citizenship in the U.S. as a victim of domestic violence, although she was not such a victim.
After the mom returned to Japan, the wife strangely left the house.  Our client initially believed she had left him to go back to Japan for her side of the family, but her family was equally puzzled and worried.

About two months later, a social worker called our client out of the blue.  He advised our client that his wife had been living at their battered women’s shelter the last two months.  Our client was quite disturbed by this because he had never touched his wife in anger.  They certainly had argued over the years, as is perhaps common in any lengthy marriage, but he was taken aback by the suggestion that she belonged in a battered women’s shelter.  He asked the social worker if he could come see his wife, as he did love her.  The social worker said he could not, for her safety.

The next call he received was from a detective at the Torrance Police Department.  This detective identified himself as being in the sex crimes unit.  Our client asked, “what is going on?”  The detective explained that his wife had alleged our client beat her and raped her by force.  Our client almost had a heart attack.  He could not understand what was going on.  He had no prior criminal history.

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Trusting the police to believe him, he went in to the police station, confident that the police would see his sincerity and dismiss the case.  Instead, they showed him a picture of his wife with a pimple on her cheek that they said was evidence of a hit from him.  Our client explained that his wife bruised very easily and that she had acne, so if he had punched her, her whole side of her face would be discolored from a bruise.  The police also showed him a picture of her leg, which had a scratch behind her knee.  The client said he did not cause this.  The police obviously did not believe him, as they took his phone and arrested him.

The client was released on bail with a promise to reappear in the Torrance Courthouse in about two months. 

In the meantime, he was served with a protective order, written by someone else from the batterer’s women’s shelter and stating many things that were fabrications and that his wife would not even think about saying.  Our client hired a civil attorney to defend him in the restraining order matter and called Greg Hill & Associates to handle his criminal defense.

Greg spoke with the client for several hours on the phone, just trying to understand the facts.  The client faxed over the pleadings from the civil restraining order matter to Greg.

Greg then called the detective in Torrance, who Greg had dealt with in person many times before over the years.  Greg spoke with him several times about the Rasputin-like influence the social worker at the battered women’s shelter had over our client’s wife.
Greg explained the chronology of the marriage and their move to the United States, as well as his wife’s mother coming to the United States just before the alleged “spousal rape.”  Greg also explained the odd civil restraining order and the way it was written using words our client’s wife did not even have in her vocabulary.  The detective seemed attentive to the story, but called Greg back several times to verify certain events.

Greg then went to the court on the day of the arraignment.  The case had been rejected for filing.  Our client was extremely relieved and grateful for the fact that the detective apparently understood the lies put forth by the social worker.

For more information about sex offenses, please click on the following articles:
  1. What Is Rape?
  2. What Punishment Do I Face for Domestic Violence?
  3. What Convictions Require Registration As a Sex Offender under Penal Code § 290?
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