Medical Evidence for the Nicholson case
According to Teresa’s affidavit that was submitted for the 7a-66 removal of Jeffrey Cruden:
“Since reading the email sent on behalf of DA Jeffrey Cruden, Ms. Nicholson has shared with me numerous documents that show that his statements about her were false. Including mental health records from years prior to their separation that I believe show evidence of abuse. Melissa was described by her provider as “not having a safe place to return to” after the provider had communicated with Mr. Nicholson. There were documents where their restrictions on intimacy were discussed with regard to her mental disability and where Melissa disclosed that her husband becomes aggressive during sex. This was documented history of abuse years before the assault in Dare County. Yet DA Cruden’s statement to me essentially says she made up the assault to try to gain custody.”
“DA Jeffrey Cruden sent out false and hurtful statements about a victim of sexual assault without even looking at the documented history of abuse in this family that I have been privileged to read.”Included below are some excerpts of the medical documents referred to in this affidavit.
This excerpt shows one of the many times that the victim Melissa and her husband Chris discussed how her mental health disability necessitated clear boundaries and restrictions with regards to their intimacy.
This excerpt shows where Ms. Nicholson’s provider says that based on her communication with Christopher, Melissa’s husband, she feels that Melissa does not have a safe place to return home.
This next record shows another example of Melissa and her husband Chris discussing how her mental disability is triggered by intimacy
This next record shows that Melissa’s alleged abuser, Christopher Nichoslon states that “Melissa’s disorders put her in positions to be traumatized additional times.” Ms. Nicholson alleges that Christopher Nicholson knew that her mental disorder put her in a position to often be unable to resist or say “No” to sexual contact and that this statement along with the other records and witness statements of medical providers can corroborate his knowledge.
Thus Ms. Nicholson alleges that DA Cruden should have looked at these documents, contacted these witnesses and pursued the sexual assault crime as completed against someone with a mental disability per the following N. C. Statute:
N. C. G. S. § 14 27.27. Second degree forcible sexual offense.(a) A person is guilty of second degree forcible sexual offense if the person engages in a sexual act with another person: (1) By force and against the will of the other person; or (2) Who has a mental disability or who is mentally incapacitated or physically helpless, and the person performing the act knows or should reasonably know that the other person has a mental disability or is mentally incapacitated or physically helpless.
§ 14 27.20. Definitions. (2a) Person who has a mental disability. – A victim who has an intellectual disability or a mental disorder that temporarily or permanently renders the victim substantially incapable of appraising the nature of his or her conduct, or of resisting the act of vaginal intercourse or a sexual act, or of communicating unwillingness to submit to the act of vaginal intercourse or a sexual act.
Ms. Nicholson is alleging that her mental health records and providers can confirm that Christopher Nicholson knew at the time of the assault that she had a mental health disability that prevented her from both being able to resist and being able to communicate an unwillingness to submit. However, DA Cruden refused to look at the evidence prior to making his decision in May of 2025 to dismiss the case.
This next record shows that Melissa’s providers recommended that Melissa move to a separate bedroom due to her mental health condition to help better establish boundaries around intimacy.

This next record from 2018 shows that Melissa described her husband Chris becoming aggressive during sex. Just discussing this with providers caused Melissa to dissociate and expirence flashbacks.
This next record shows Ms. Nicholson’s therapist emailing points to make with Christopher to reinforce the boundaries regarding intimacy after Christopher violated them again.
This next excerpt is from an email Ms. Nicholson sent to her therapist in 2018. It is a copy of a text that Melissa sent to Christopher Nicholson regarding their intimacy boundaries after he had violated their agreement to refrain from intimate contact.
This next record shows that Christopher became so hostile and angry during a family therapy session that the provider suggested that she not engage in conversations like this with him alone in the future.
These records show that there was a long history of Christopher being unsupportive of his wife’s mental health treatment and not following treatment recommendations regarding intimacy even when those recommendations were to help keep his wife safe and prevent further traumatization.
DA Cruden claims that Melissa Nicholson’s reported sexual assault was “unsubstantiated”, however, he refused to look at the evidence needed to substantiate the report.
He chose to believe the unverified statement of the accused perpetrator instead of the actual evidence. He then went so far as to make false public comments about the victim in an attempt to discredit her instead of admitting that he failed to look at all of the evidence in her case.
DA Cruden refers to Melissa Nicholson as not an “actual victim,” however, per her 7A-66 affidavit she had to have a kidney removed in 1996 and was told by one of her medical providers that her kidney was likely damaged as a result of her childhood sexual abuse.
Her child sexual abuse was reported to CPS and she participated in mandatory therapy.
For DA Cruden to make such a drastic public statement about her not being an actual victim of abuse without even looking at the evidence, talking to witnesses or fact checking is inexcusable.
According to the CDC and numerous experts, experiencing childhood sexual abuse can increase a person’s risk for future victimization. Meaning that a survivor of child sexual abuse is much more likely than the average person to experience future sexual assaults or end up in abusive relationships. See these resources on this topic and on statistics: