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Nicholas J. Mittenmeyer (Cherokee County Jail).
A Georgia man apparently thought he could get away with raping a woman who was still his wife.
He was wrong.
In a case concluding on March 21, a jury found 45-year-old Nicholas J. Mittenmeyer guilty of rape, aggravated assault linked to family violence, and false imprisonment. On Friday, he received a life sentence in addition to 20 years.
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The Cherokee County District Attorney’s Office reported that the crime took place in June 2023, at a residence in Woodstock. Although separated, Mittenmeyer and the victim were still legally married. The victim recounted how Mittenmeyer attempted to coerce her into sexual relations, and when she resisted, he forced himself upon her. Despite her repeated refusals and commands to stop, he persisted. A few days after the assault, he confessed to the act and apologized to her. The victim delayed reporting the incident for about six months, uncertain of the legal implications due to their marital status.
However, in December 2024, a grand jury indicted Mittenmeyer for the charges. During a four-day trial in March, the prosecution presented testimonies from eight witnesses, including the victim and two individuals who had witnessed previous acts of violence by the suspect against the victim. The jury was also presented with a recording of Mittenmeyer’s confession. According to WAGA, an Atlanta Fox affiliate, Mittenmeyer attempted to rationalize his behavior.
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Jurors deliberated for about 15 hours before delivering the guilty verdict on all three charges.
Deputy Chief Assistant District Attorney Rachel Ashe who prosecuted the case told WAGA that at first the victim thought she couldn’t receive 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,” Ashe said. “Rape within a marriage – that is not an excuse for rape. There is no spousal protection for sexual assault. Most people don’t know that, though.”
Ashe also called the victim “extremely brave” for going forward with 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.
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.
