In a powerful moment for justice and awareness, a Cherokee County judge has sentenced a Georgia man to life in prison plus 20 years after he was convicted of raping his estranged wife, assaulting her, and holding her against her will.
What Happened?
The attack took place in June 2023 at a home in Woodstock, Georgia. Although Nicholas J. Mittenmeyer, 45, and the victim were still legally married, they were living separately. According to the Cherokee County District Attorney’s Office, Mittenmeyer visited the victim and tried to pressure her into sex.
When she said “no” and resisted, Mittenmeyer forced himself on her and ignored her repeated pleas to stop.
The woman later convinced him to admit to the assault, which she recorded, including an apology from Mittenmeyer.
Victim Thought Marriage Meant She Had No Legal Protection
The victim waited nearly six months before reporting the crime, unsure if what happened could legally be considered rape, since they were still married. But the law is clear.
“Rape within a marriage – that is not an excuse for rape. There is no spousal protection for sexual assault,” said Deputy Chief Assistant District Attorney Rachel Ashe.
In December 2024, a grand jury indicted Mittenmeyer. During the March 2025 trial, prosecutors brought in eight witnesses, including the victim and two people who testified about Mittenmeyer’s past violence toward her.
The jury also listened to the recorded confession from Mittenmeyer, where he even attempted to justify his actions.
After deliberating for 15 hours, the jury convicted him on all charges:
- Rape
- Aggravated assault (family violence)
- False imprisonment
The Sentence and Impact
On Friday, Mittenmeyer was sentenced to life in prison with an additional 20 years—ensuring he will spend the rest of his life behind bars.
The victim, who bravely testified, later released a public statement:
“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.”
She also thanked the Cherokee County District Attorney’s Office and the Sheriff’s Office Victims Advocates for supporting her:
“I want to thank them for their perseverance in representing my abuse and trauma, and for making sure my abuser was held accountable.”
A Message for Others
This case highlights the importance of understanding consent and the law—even in marriage. Marriage does not give anyone the right to force sex on their partner. Spousal rape is a crime in Georgia and many other states, and survivors have the right to report it and seek justice.
