Recently, the Pennsylvania Superior Court found that a Husband’s refusal to pay for the financial support of the family because the Wife refused to have sex with him amounted to psychological force contemplated by the criminal statute’s definition of rape, Boykai v Young. This Superior Court reasons that the Husband’s actions constituted sexual intercourse without Wife’s consent, which amounted to sexual assault and constituted a violation from the Protection from Abuse Act.
This is an important decision authored by the Superior Court that further protects, in most instances, the Wife under the Statue.
Kardos, Rickles, Hand & Bidlingmaier, P.C., appears in the PFA Court monthly and has extensive experience both Plaintiffs and Defendants. If you have a question or a fact pattern concerning a potential PFA, please call for a consultation.
* Article Authored by Kevin Hand, Esq., partner at Kardos, Rickles, Hand & Bidlingmaier, P.C.