Husband Convicted of Raping Wife, Court Rejects His Defense

An individual from Georgia allegedly believed that he could get away with committing a rape against a woman who was still his wife.

He had a mistake.

On March 21, a jury found Nicholas J. Mittenmeyer, 45 years old, guilty of crimes including aggravated assault, rape, and domestic violence. He was also found guilty of false imprisonment. The judge handed down his punishment on Friday, which was life in jail plus twenty years.

A residence in Woodstock was the location where the event took place, as stated by the District Attorney’s Office for Cherokee County in the month of June 2023. Even though they were no longer together, Mittenmeyer and the victim remained married. Prosecutors were told by the victim that Mittenmeyer attempted to coerce her into having sexual relations. As soon as she turned down his approaches, he allegedly imposed himself on her, according to the prosecution. Despite the fact that she told him to halt and “no,” he continued on his way. She eventually succeeded in getting her ex-husband to admit to the attack and apologise for it. Due to the fact that she was uncertain as to whether or not he could be charged due to the fact that they were married, the victim waited around six months before reporting the event to police authorities.

However, Mittenmeyer was indicted on the allegations by a grand jury in the month of December 2024. There were a total of eight witnesses that the state called during the trial that took place in March. These witnesses included the victim as well as two witnesses who witnessed the suspect’s previous acts of aggression towards the victim. The recording of Mittenmeyer’s admission was also played for the jury to listen to. Additionally, Mittenmeyer allegedly attempted to excuse his behaviour, as reported by the Fox affiliate in Atlanta, WAGA.

After almost fifteen hours of deliberation, the jury reached a verdict of guilty on all three charges for the defendant.

In an interview with WAGA, the Deputy Chief Assistant District Attorney Rachel Ashe, who was in charge of prosecuting the case, stated that the victim first believed that she would not be able to achieve justice because Mittenmeyer became her husband.

This conviction that because she was married to him, this was not a rape was something that she fought with, according to Ashe. “That was something she struggled with.” There is no justification for rape that occurs inside the context of a marriage. When it comes to sexual assault, there is no protection for spouses. The majority of people, however, are unaware of that.

In addition, Ashe referred to the victim as “absolutely courageous” for continuing to pursue the case.

The victim released the following statement to WAGA:

I hope my story can help other women escape similar situations and know there are resources and support.

I want to thank the Cherokee County DA’s Office and the Cherokee County Sheriff’s Office Victims Advocates for their support and believing in me. I cannot thank them enough for their perseverance in representing my abuse and trauma for my abuser to be held accountable for his actions.

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This is the beginning of my ability to finally breathe and rebuild my life for me and my daughter. I hope that this shows women that married or not, rape is rape, it IS A CRIME, and there are people who will believe you.