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YOUR FRIENDS' ACTIVITY

    She was forced to have sex with him, and now she's being forced to pay his bills.

    Crystal Harris of Carlsbad, Calif., had been financially supporting her unemployed, abusive husband Shawn Harris for years. But after he sexually assaulted her in 2008, she took him to court.

    The jury heard a damning audiotape of the attack secretly recorded by Crystal Harris, and her husband was convicted of forced oral copulation.

    Even so, in 2010, the year their divorce became finalized, he requested spousal support. The judge awarded him $1,000 a month, and also asked Crystal Harris to pay $47,000 of her ex-husband's legal fees from the divorce proceedings.

    "It stunned me and I think it's shocking," said San Diego County District Attorney Bonnie Dumanis, who is fighting to close a loophole in the law that allows judges to exercise this kind of judicial discretion. "It's a priority for our office."

    Harris, who turned 39 Thursday, makes between $110,000 and $120,000 a year as a financial analyst, and says she has been supporting her husband -- a former car salesman -- ever since their first son was born in 2002.

    Under normal circumstances, Harris would have been required to pay $3,000 a month in spousal support after the divorce, but because of the domestic violence she endured, the judge said he would lower that amount to $1,000.

    "I call that the rape discount," Harris said.

    She appealed the judge's ruling, pointing out that her ex-husband will have no expenses while he's in jail.

    The judge agreed, but when Shawn Harris, 40, is released from Donovan State Prison in 2014, he's entitled to ask for spousal support again. And California law entitles him to have it.

    "I met him when I was 20 and head over heels in love," Crystal Harris said. "To this day I feel brokenhearted about the fact that this has all happened. I'm not happy about the way my life has turned out."

    A Marriage Unravels

    Crystal Harris and her husband began experiencing marital difficulties early on. They married in 1996, but by 1998 Harris said he had started abusing her. She got in a fight with her then-husband and "he grabbed the steering wheel and just reached over and backhanded me."

    "I had always been the type of woman who said if a man hits me I'm out of there," Harris said.

    So she filed for divorce, and got a restraining order -- but the divorce never happened.

    "He was so apologetic and seemed reformed," she said. "Things were good for a long time and it wasn't until really after our son was born in 2002 that he started showing his true colors again. And it really just started to continue to escalate a little at a time."

    The physical abuse resulted in several 911 calls during their 12 year marriage.

    "Things really got bad in 2005 with the birth of our second son," Harris said. "He was born within a month of [Shawn Harris'] father dying," she said. "If there is anyone on the face of the Earth he gave a damn about, it was his dad."

    She filed for divorce again in 2007, the same year she says her then-husband gave her this warning: "If you ever leave me or threaten to leave me I will kill you."

    "And he was so deadly serious -- he's just one of those people where you just know if he's serious," she said. "And I believed him and if I ever addressed the subject with him -- like if we had a tender moment -- he never backed down from it. I was just dumbstruck."

    Crystal Harris Fights Back

    According to Harris, her husband sexually assaulted her for the first time nearly a week after a big fight in 2008. Their two boys, who were 2 and 5 years old at the time, were upstairs.

    "He comes at me and decided he wants sex and he's really wanting sex and I'm like, 'No! We haven't even talked or made up or anything. I'm not having sex with you.' He said, 'This isn't up for negotiation," she said.

    She filed charges against her husband, and after several delays, the trial began in 2010.

    In court Shawn Harris admitted to past domestic violence, ABC News affiliate KGTV reported, but his defense attorney said he never raped his wife, arguing that the couple was merely "role playing."

    "It was rough sex but at no time did I force her to do anything against her will," Shawn Harris said in court. "Just another opportunity to yell and scream to get our adrenaline pumping during sex."

    Crystal Harris says the couple "never" engaged in role playing, and her hidden audio recording of the incident proves otherwise.

    She bought the tape recorder because she said her husband had been making death threats.

    "So I had set it in my underwear drawer and I thought if I get a chance I'll do it," she told ABCNews.com.

    On the day of the assault, she says she went into the bathroom then came back out and pretended to change her underwear. That's when she hit 'record.'

    It was that tape that ended up convicting Shawn Harris of forced oral copulation.

    His criminal defense attorney, Herb Weston, was not immediately available for comment.

    Although Shawn Harris was convicted of one crime and sentenced to six years in jail, the other two charges he faced -- spousal rape by force and sodomy -- resulted in a hung jury.

    Although the beginning of the audio recording started with what Harris describes as "extremely violent" oral copulation, she said she wasn't protesting during the portion where they engaged in sexual intercourse, because she was "thinking about how our children are upstairs."

    "It just tells you how hard spousal rape is to prosecute," Harris added.

    Ordered to Pay Spousal Support

    Her divorce was finalized in 2010. Judge Gregory Pollack ordered her to pay Shawn Harris' spousal support, and in October, he ordered her to pay his legal bills from the divorce.

    Pollack did not immediately respond to an interview request from ABCNews.com.

    California family code currently states "the criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award" and it's that language that gives the judge discretion when making a spousal support ruling.

    If a spouse is convicted of attempted murder, however, then a judge cannot award any spousal support to the convicted spouse.

    San Diego District Attorney Bonnie Dumanis is now leading the fight to change the language in that exception so that it doesn't say "attempted murder," and instead says "violent felony."

    She's assembling support for the new phrasing on both sides of the aisle, although she cannot yet reveal which politicians will author the bill.

    "We've already began talking to a few folks who are outraged," she said. "When things like this happen it's not a partisan issue, it's the right thing to do."

    Also Read
     
    • ronaldr  •  Mount Pleasant, United States  •  5 mths ago
      When has a family court judge ever made a good ruling? Like the man who found out that his supposed three children were all fathered by three different guys because his wife cheated on him continuously? The family court judge awarded her massive amounts of child support and continuously threatened him with jail. He had to even sell his house and car. A woman, who was 27, raped a 15-year old boy. She got pregnant and asked the family court for child support. Even though she had committed statutory rape, the court awarded her support orders. Most of these family court judges are so nuts, most need to be committed!
    • Nurse  •  5 mths ago
      Maybe someone will show him some rough sex in prison. Maybe he won't survive prison. that would serve him right.
    • Jenetta B  •  Rocky Mount, United States  •  5 mths ago
      THIS AIN'T RIGHT!!!!!!!!!!!!!!
    • Pam Kerr  •  5 mths ago
      I think the Judge needs to be hung up by his you know what. He needs to be thrown off the bench and never practice law again.
    • Zori  •  Cicero, United States  •  5 mths ago
      Makes me wonder what kind of judge he is and how he is to his wife at home.
    • KathleenC  •  Atlantic City, United States  •  5 mths ago
      There are two sides to every story. I'm not 100% sold on her half.
    • Joanne Rios  •  Los Angeles, United States  •  5 mths ago
      One more reason the terms of all judges need to be shortened to one year at most. You can't even be hired at McDonalds without having a 30 day probation period. This is obviously the fast food chain's way of assuring they're not stuck with an incompetent mployee for 4 years. In the case of Judge Gregory Pollack CA residents are stuck with a judge who can't think rationally enough to see the obvious miscarriage of justice in this case. Laws need to be changed..sooner the better.
    • O B  •  5 mths ago
      if ur married u as a woman have no right to refuse ur husband sex----thats all ur good for---- ur the property of the man u married---and this judge shouldn't have lowered the support---he was wrong to do that
    • D  •  Scottsdale, United States  •  6 mths ago
      My brother decided to divorce his wife of over 6 years because he found out she had been stealing from their childrens college funds to feed her secretive cocaine habit. She was arrested shortly after for buying cocaine from an undercover officer. Well in the divorce my brother was seeking full custody of the children, but the incompetent judge ruled that he gets to see them for only 8 hours a week. He has never been arrested or charged w/anything in his life, has a very good full time job and is a wonderful parent. The child services system is all screwed up!
      • TONY 6 mths ago
        amen...read my posting !!!
      • mytea 6 mths ago
        a judge like this needs to go into a prison cell for a few minutes... he might change his tune and... he would propable come out with a higher pitched voice... justice deserved.
      • billa 6 mths ago
        The system is heavily slanted in favor of the mother as provider for HER children.Men are simply sperm donors and judged as perpetrators.They DO NOT need any history of abuse to loose all rights to THEIR children.They do need to provide the money that supports this system and if found uncooperative will face jail or other punitive action from the FAMILY court.The family this court supports is the one not needing a father or male presence.Just provide money money to support the system as the American womans marriage to the government is strong and will be this way for many generations.Her ability to provide more offspring to the system is only slowed by her option to abort the fetus.We the people have spoken and we are screwed!!!!!!!
    • Zeusbag  •  Plano, United States  •  6 mths ago
      Hey welcome to California! I was ordered by the wonderful courts of San diego to pay child support (no problem right?) wrong!!! I had physical custody of all the kids and lived in MO. Even after showing proof that I had the children under my care I was still ordered to pay $20,000 in back child support. All I can say is CA go screw yourself!
      • Jenny 6 mths ago
        It is not just CA in OH I had a friend that had to do the same thing. It makes no sense! that money should be going to raising the children... not the imature adult!
      • mcm070 6 mths ago
        Ohio is the same...been there
        Ohio has to be the worse of all states with CS orders
      • KikaB 6 mths ago
        Did you always have custody?? Back child support is to repay what has already been spent on the child and this debt doesn't go away just because you later obtained custody.
    • Crushappotamus  •  Raleigh, United States  •  6 mths ago
      Common sense is a thing of the past.
      • XRVM-1 6 mths ago
        Unfortunately
      • Phil 6 mths ago
        We've replaced most of it with laws and warning stickers
      • XXYZ 6 mths ago
        Welcome to the "Reality Show".
    • RaniK  •  Brea, United States  •  6 mths ago
      Our judicial system in action.
      • La Dee Dah 6 mths ago
        She was the one who chose not to get a pre nup or post nup. When you start supporting your spouse, ask for a post nup.
      • pw 6 mths ago
        Actually, the law's the problem so blame should go to the legislature for writing a bad law, not the judicial system that is only charged with interpreting the law.
      • Militia X 6 mths ago
        Not ours, it's California.
    • Fred J.  •  6 mths ago
      Just another glaring instance that proves our judicial system is broken...
      • dingo dango 6 mths ago
        You mean another glaring instance that proves Californians are the most stupid, idiotic morons on earth.
      • Rick 6 mths ago
        Disfuntional laws for dysfunctional people.
      • fitter 6 mths ago
        Quit lumping the whole country into everything that goes wrong.
    • Kenneth  •  Plano, United States  •  6 mths ago
      This is what happens in a system that no longer believes in concepts like 'right' or 'justice'. It's just an impersonal machine demanding absolute adherence to The Letter of the Law, no matter how cruel and demeaning. The system just shrugs its shoulders and says "That's just the way it is," and everyone from the top down pleads powerlessness. Pathetic.
    • Bico  •  Kansas City, United States  •  6 mths ago
      another story about a crazy judge that has power over us...
    • fredralist  •  6 mths ago
      Who in their right mind would call that #$%$ Judge Pollack "Your Honor"..?
    • Phillip  •  San Diego, United States  •  6 mths ago
      This is unbelievable. There is so much abuse in California of divorce situations. This is extreme. The breadwinner is always the one to get screwed over. If it starts happening more to the women in the relationship maybe there will be some political will to change the system. There is no common sense. This dude should be in jail a long time with zero support even when he gets out. Male, female, it shouldn't matter. You shouldn't be paid money once your out of a marriage except in rare circumstances. Marrying well should not be a career choice.
    • Patrick  •  6 mths ago
      I don't know this sounds about right for the Justice system. My ex-wife is a drunk and I don't drink but yet she ended up with sole custody of our son. You tell me where in the hell justice is at, because I know I got the royal caravan of semi's ran up my #$%$ in my divorce and yet I did nothing wrong except marry the #$%$
    • Soylent Green  •  6 mths ago
      This is just plain..wrong...on so many levels...so much for justice...
    • Orlando Olivera  •  6 mths ago
      We have given judges to much power, this power is used against us, the people, we the people must remember when this when we vote for politicians and in some instances judges, we must remember.
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