I have a question regarding the subject above. Me and my husband are together for 6 yrs now. We had serious marital problems right from the very beginning of our marriage and we really never had the chance to patch things up because everything changed after that. However, the husband refuse to the idea of seperation that's why we still live together for the sake of our daughter. We are civil to eachother but havent performed sexual intercourse eversince our only daughter was born- who is now 7 years old.

It happened just this month, my husband came home very drunk, i was sleeping with my daughter. He tried to touch me but I refused. He still continued forcing me to have sex with him , up to the point that i was struggling. I tried to run but my daughter woke up and suddenly screamed at my hubsand and was punching him while crying since she saw me struggling. My husband suddenly stopped and..went to sleep.

I know this may not be a big deal to some of you, but it is for me, and it seems like I can't take it any longer.. Physically, and most importantly - emotionally , not only to me but to my daughter as well who saw the incident.

In relation to this, I would like to seek advise to any one of you who could help me, is there a chance for me to file a case against my hubsand ? I know we do have the marital rape law, but this one is not considered rape since he wasnt able to do the act.....This is the 2nd time this incident happened-, but this is the first time that my daughter saw him..

Please advise.

Thank you very much in advance

Anne

I think it is time to get legal separation or annulment if the grounds are available before matters get worse. If you think separation would make a better person out of the members of your current family then go for it. On second thought, why don't you guys try marriage counseling? Some people say it does wonders.

0verseer wrote:


Indeed. I agree with you Mr. Overseer. Perhaps it maybe a burden to you to live with him or you may just felt it so because the problem only confined to both of you. Try for married counseling to see if things would be different..

Regarding to your concern, it is really hard to entertain and prove the attempted rape you mentioned since you are still living together, because the presumption is that it is the duty of the wife to yield to the lawful demand of her husband and vice versa. Besides the conviction of criminal charges is one which must proved that the accused be guilty beyond reasonable doubts. There must be sufficient evidences needed...Unless you already obtained a legal separation in which case, the moment you file for legal separation you are already entitled to live separately in the same case if your husband attempts to have sex with you and there was an employment of opposition on your part..then your allegations of attempted rape can be given with probative value.

You can still file a case against him in relation to R.A 9262 if you can no longer bear his abuses.....

But please try to have marital counseling first.

mjlagumbay wrote:


Nice answer. Thanks for helping sir. I cannot say it any better. Good karma for you