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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.
A jury convicted 45-year-old Nicholas J. Mittenmeyer on March 21 of rape, family violence aggravated assault and false imprisonment. On Friday, a judge sentenced him to life in prison plus 20 years.
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According to the Cherokee County District Attorney’s Office, the incident occurred in June 2023 at a Woodstock home. Mittenmeyer and the victim were separated but still married. The victim told prosecutors Mittenmeyer tried to pressure her into having sex. When she rebuffed his advances, he forced himself onto her, prosecutors said. Despite her telling him “no” and to stop, he kept going. Days later she got her then-husband to admit the assault and apologize. The victim waited about six months to report the incident to law enforcement because she was unsure if he could be charged because they were married.
But a grand jury indicted Mittenmeyer on the charges in December 2024. During a four-day trial in March, the state called eight witnesses including the victim and two witnesses of the suspect’s prior acts of violence toward the victim. The jury also heard the recording of Mittenmeyer’s admission. According to Atlanta Fox affiliate WAGA, Mittenmeyer even tried to justify his actions.
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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.
