Assault With Sexual Motivation

My question involves criminal law for the state of: Washington

SO and I had a physical altercation and I was forced to defend myself. I refused to make a statement, and was subsequently arrested on assault-4. Arraigned the next morning, returned home, and police were back at my door with upgraded charges: Assault-4 is now assault-3, and I'm also being arrested for assault-2 with sexual motivation. It seems while being released, my so called the police back and said "btw, my Husband raped me last night"

Placed on 72 hour hold, formal charges come in for assault-3, but no assault-2 with sexual motivation. I get bailed out, and see my attorney for the first time a week later. I am informed my attorney is concerned that the prosecutor my still charge me with rape in an effort to force me to plea to the lesser charge.

2 omnibus hearings later, and still no rape charge. Trial starts soon.

My question is, why haven't they charged me with this yet, and is it possible they still might?

Its possible that they can charge you with rape ... you really should be talking only to your lawyer about your issues through ... I will not ask for details.

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Quoting Kruchai

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My question involves criminal law for the state of: Washington

SO and I had a physical altercation and I was forced to defend myself. I refused to make a statement, and was subsequently arrested on assault-4. Arraigned the next morning, returned home, and police were back at my door with upgraded charges: Assault-4 is now assault-3, and I'm also being arrested for assault-2 with sexual motivation. It seems while being released, my so called the police back and said "btw, my Husband raped me last night"

Placed on 72 hour hold, formal charges come in for assault-3, but no assault-2 with sexual motivation. I get bailed out, and see my attorney for the first time a week later. I am informed my attorney is concerned that the prosecutor my still charge me with rape in an effort to force me to plea to the lesser charge.

2 omnibus hearings later, and still no rape charge. Trial starts soon.

My question is, why haven't they charged me with this yet, and is it possible they still might?

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Since your attorney has already told you that they still could charge you with that, and why, I think that you should be listening to your attorney.