A Georgia man apparently believed he could get away with raping his wife.
He was wrong.
On March 21, a jury convicted 45-year-old Nicholas J. Mittenmeyer of rape, family violence, aggravated assault, and false imprisonment. On Friday, a judge sentenced him to life in prison plus twenty years.
According to the Cherokee County District Attorney’s Office, the incident took place in a Woodstock home in June 2023. Mittenmeyer and the victim had separated but remained married.
The victim told prosecutors that Mittenmeyer tried to coerce her into having sex. When she refused his advances, prosecutors claim he forced himself on her. He continued despite her telling him “no” and to stop.
Days later, she convinced her then-husband to admit the assault and apologize. The victim waited about six months to report the incident to authorities because she was unsure whether he could be charged because they were married.
Mittenmeyer was indicted by a grand jury on the charges in December 2024, however. During a four-day trial in March, the state called eight witnesses, including the victim and two witnesses to the suspect’s previous acts of violence against her. The jury also heard a recording of Mittenmeyer’s admission. According to Atlanta Fox affiliate WAGA, Mittenmeyer attempted to justify his actions.
Jurors deliberated for approximately 15 hours before returning a guilty verdict on all three charges.
Deputy Chief Assistant District Attorney Rachel Ashe, who prosecuted the case, told WAGA that the victim initially believed she couldn’t get justice because Mittenmeyer was still her husband.
“That was something she struggled with, this belief that because she was married to him, this was not a rape,” she said. “Raping within a marriage is not an excuse to rape. There is no spousal protection against sexual assault. However, most people are unaware of this.
Ashe also described the victim as “extremely brave” for continuing with the case.
The victim issued 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.
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.