My question involves criminal law for the state of: Wisconsin
My cousin came to me last week asking me for some help. We have been like brothers growing up and I want to help him the best way I can. He is afraid of asking for legal help, so I feel I need to ask.
Three years ago he married a girl that he's been best friends with for 12 years. They lived in Mississippi at the time. A year later on the exact date of their one year anniversary, their son was born. His wife was feeling homesick, so they moved to Wisconsin (where her family lived). Three months later, she cheats on him. They only way he found out was because she came to him and told him she thought she might be pregnant by another guy. A week later, she moves out and in with the guy she was sleeping with taking their son with her.
It wasn't until last week that he told me he had had sex with his wife while she was asleep before she became pregnant.. He said he didn't know she was asleep because she was going with the motions of a couple having sex. He said that over the past 2 years since she left him, she has been blackmailing him with that incident demanding for money from him and threatening that he will never see his son again if he doesn't do this or that for her. He says that she tells him that if he doesn't give her "x" amount of dollars or do something for her, she will go to the police. He has always given in to her demands because he says that she is verbally abusive to him and makes him feel less than a person. He said she has made him feel like an object instead of a person because of his mistake. He says he does whatever she wants because he doesn't want to lose his son.
He has paid child support, never been behind or owed for it, and has never had any trouble with the law before. He also told me that because of how she has made him feel, he wrote down his feelings in a journal, documenting why he felt this way. She stole the journal and says she will use it as evidence if he doesn't do what she tells him to. He says he doesn't know what to do. He said he is afraid of losing his son for good and can't live without him.
I am not taking sides in this matter. If he did sleep with his wife when he knew she was sleeping, i believe he did wrong. But i also love my cousin very much and don't want to see him treated this way, living in fear everyday.
I asked him specifically what he wants to know yesterday, which I wrote down:
1. Is there something he can do about the blackmail?
2. Is there something he can do about her threatening him that he will never see his son again?
3. Is it legal to use a journal as evidence?
4. How easy is it to prove sexual assualt or rape just from a journal?
I sincerely thank you for responding. I am trying my best to help my cousin out the best way i can. I don't want him to live scared anymore.
Thank you again.