My wife is wrongfully accusing me of forced unconsensual sex while we are going through a divorce. How do I defend this charge?

Although you were married at the time, the law does recognize martial rape as unconsensual sex between two married spouses. Many Americans do not realized that even if you are married, consent is still required for sex. These laws were created in response to situations similar to what you have described, where the marriage is having trouble and one spouse forces themselves on the other without permission. You need to speak with an experienced criminal lawyer immediately to help defend you against such charges. The elements of marital rape are similar to rape, and your now ex-wife will need to prove that there was an unconsensual sexual encounter. If she fails to prove it and you can show it was a malicious (bad faith) filing, you could possibly sue her for defamation. By speaking to a lawyer, you can defend against these claims and ensure your name is protected from these allegations.