Cherokee County man sentenced to life for repeated marital rape, abuse

The Brief

• • A judge sentenced a Cherokee County man Friday to life in prison plus 20 years. A jury convicted Nicholas Mittenmeyer, 45, of rape, family violence aggravated assault and false imprisonment in March. 
  • Prosecutors say Mittenmeyer sexually and physically abused his wife for years. She came forward six months after he raped her in 2023 after initially believing what he did wasn’t a crime.  
  • Prosecutors say the victim gathered a key piece of evidence after she bravely recorded a confrontation with Mittenmeyer where he didn’t deny raping her

The survivor says she wants her story known so that other spouses in abusive relationships will understand that rape in marriage is still rape and abusers should be held accountable for it. 

Prosecutors say her bravery in confronting her abuser led to justice being served.

What we know:

On Friday, Judge Shannon Wallace handed down a sentence of life in prison plus 20 years to 45-year-old Nicholas Mittenmeyer for sexually and physically abusing his wife. 

"Finally, justice for the victim in this case…that was ten years more than even we were requesting," said lead prosecutor on the case and Deputy Chief Assistant District Attorney Rachel Ashe.

Ashe leads the Blue Ridge Judicial Circuit District Attorney’s Domestic Violence Unit.

After a five-day trial, a jury convicted Mittenmeyer of rape, family violence aggravated assault and false imprisonment on March 21.

Ashe says the investigation started when the victim, who was then married to Mittenmeyer but separated from him, reported to the Cherokee County Sheriff’s Office that he had raped her six months prior. 

What they're saying:

Ashe says the victim waited to report the sexual violence because she was unaware that non-consensual sex was still considered rape even if the aggressor was your spouse. 

"That was something she struggled with, this belief that because she was married to him, this was not a rape. Rape within a marriage – that is not an excuse for rape. There is no spousal protection for sexual assault. Most people don't know that though," Ashe said.  

But once the survivor realized it was a crime, she confronted her husband and recorded the interaction. 

Ashe says in the recording, Mittenmeyer didn’t deny that he had raped her and even tried to justify it.

"That was not only key evidence for law enforcement, but it was also key evidence for the jury during this trial," Ashe said.  

The prosecutor says more evidence came out at trial showing a years-long pattern of Mittenmeyer physically and sexually abusing his wife. 

Why you should care:

 Ashe says it was this survivor’s bravery in making that recording and throughout the investigation and trial that helped get Mittenmeyer this hefty prison sentence. 

"The process of disclosure was extremely brave. The process of testifying was extremely brave…her bravery even now is astounding…I'm extremely proud of her for standing standing up for herself, standing up for others and also wanting to send a message that marital rape is rape," Ashe said. 

The survivor told Fox 5’s Eric Mock she wanted us to share this story in the hopes it would help other spouses in similar situations to have the courage to come forward. 

She sent this statement to Fox 5: 

"I hope my story can help other women escape similar situations and know there are resources and support.

I want to thank the Cherokee County DA’s Office and the Cherokee County Sheriff’s Office Victims Advocates for their support and believing in me. I cannot thank them enough for their perseverance in representing my abuse and trauma for my abuser to be held accountable for his actions. 

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." 

If you need help in Cherokee County you can visit the Cherokee County Family Violence Center.