Restitution for emotional trauma and abuse from my sex addict husband?

by Barbara
(Florida)

I want to know what my rights are for emotional trauma and emotional abuse I received from my husband. In addition to the emotional abuse, he is a sex addict. For 23 years he'd have unprotected sex, then come home and have sex with me.

What compensation can I get for his emotional abuse and putting my life in danger of getting AIDS and other sexually transmitted diseases? Is there some kind of law in place to stop this abuse against women? We have no way of protecting ourselves. What can a woman do if she's being emotionally abused by her husband? Thank you.

Visitor Question:
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ANSWER for "Restitution for emotional trauma and abuse from my sex addict husband?":

Barbara (Florida):

Unfortunately, emotional trauma / abuse in the context of your circumstances is, in and of itself, not compensable. This means you really can't collect money from your husband for the emotional trauma and/or abuse he inflicted.

While you are within your legal rights to file a lawsuit against your husband, to have any chance of convincing the court (judge or jury) to award you damages you would have to prove though a measurable way of calculation the type and manner of the abuse, and amount of money which would fairly compensate you for the abuse. To do so would require credible psychiatric or psychological testimony from a psychiatrist or psychologist who treated you.

However, if your husband's promiscuity resulted in his transferring a sexually transmitted disease to you, you might then have the basis of a case for monetary compensation. Fortunately, from the facts you present, you did not contract a sexually transmitted disease.

In your case you might consider a divorce. In a divorce proceeding proof of your husband's consistent promiscuity, especially because he might have transmitted a sexually transmitted disease to you, may result in a division of the marriage estate which is greatly in your behalf.

Here is an excellent article discussing the many aspects of emotional abuse by one spouse against another, and gives advice on leaving an abusive husband.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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