Dilemma re: marriage/nonconsensual sex

[imagine_this]

What options might exist for a woman in this situation? (The nonconsensual act took place in Maryland, her place of residence. Marriage took place in Delaware. Husband lives in Delaware.) Brief description of situation. 41 yr old widow taken advantage of by "friend" during time of extreme emotional and physical inability to care for herself. Details indicate nonconsensual sex. Woman had difficulty accepting that situation due to past history etc. Discovered later she was pregnant. Turns out to be triplets. Man offers to marry her, she agrees because did not know what else to do, and did not want children to not have a "father". She agreed to marry him only so kids would have "father"...she would not take his name, would not be married in church, indicated before hand it would not be a physical marriage. Was totally just so kids would have a "father". Marriage never was consumated. She left after one night at "husbands" house. Later filed for divorce when she realized what a mistake she had made. She finally decided she could not raise triplets by herself, and decided for adoption. The man will not relinquish parental rights so she can do that. Throughout their "friendship" and continuing through trying to resolve this situation, man has a pattern of totally ignoring the opinions and thoughts of the woman and is proceeding as if she does not have a right to decide how to handle the results of his sexual assault. What options might exist in a case where it could likely be established that the conception took place from a single event of nonconsensual sex? What bearing might the sexual assault have on his parental rights etc.? What is best approach to look into the legal options involved?

thanks.

 

[HomeGuru]

The odds are clearly against this woman. The second time I read the post I have come to the conclusion that she has no cause of action to prevail.

 

[imagine_this]

Thank you for reply... is the basis of her not having any basis due to an assumption re: did an actual case of nonconsensual sex or assault occur? or does her subsequent action of marrying him with stipulation for the kids nullify any opportunity to press charges re: sexual assault. The well documented mental and physical condition of the woman seems to me to be an issue...not only with regard to the act of nonconsensual sex, but also her inability to make a proper decision regarding the devastating outcome. If she has no recourse under the law... something is seriously wrong with the legal system when a person can prey on someone and not only get off scot free, but also have parental rights based on what should realistically be a prosecutable sexual assault... oh well... what a shame for justice. (I do understand the other side of this of protecting against false accusation and change of mind on "victim's part" etc etc... but the facts in this case are such that the woman should have some recourse...even after the subsequent bad choice...as all this happened due to diminished capacity to make choices and take care of herself... I guess the vulnerable may not be able to have justice under our system... makes me ambivalent re: one of my daughters going to law school...

thanks.