← Back to context

Comment by sneak

13 years ago

B is still obviously the better option. Providing evidence that ratchets only one way can never help.

They'd never be able to convict if the both of you refused to testify. There'd be no evidence.

The neighbors heard screams and the doctors found bruises. Also, additional witnesses came forward and testified to a history of bruises. Also, she broke her arm falling down the stairs a few months ago -- but by now the picture is coming together and everyone "knows" what that "really means". That's plenty of evidence to fit either the "abusive husband" story or the "illegal sex" story. Either way, the worst case is that you're a felon! (I'm including battery-to-which-consent-is-not-a-defense under "illegal sex" and battery can be a felony.)

I freely admit that this is a worst case scenario: a court in SF isn't likely to convict on the basis of "illegal sex", but maybe you were traveling; hotels have notoriously thin walls and some places in the USA take a much dimmer view of this kind of thing.

None of this is relevant to my original point. Even if you're acquitted your "wall of silence" will have cost you time, money, and reputation, making B worse than A UNLESS you condition your expectation on the case going to court, which you shouldn't, because the point in time when you decide B vs A happens before going to court is a foregone conclusion.

  • Silence will lead to court. You will have a lawyer, preferably a competent one. He/She will advise both you and your wife and you'll present a testimony that won't put you in jail.

    Talking to the police has a high certainty they'll present your statement, or part of it, as admission of guilt and that leads directly to jail.

    I'd rather waste money than my life. Me and my wife can later sue our neighbours for damages and try to get our money back from them. But I can't sue them to give me back jail time.

  • How would talking to the police help, though. Under your narrative the police don't believe your spouse's denials anyway.