I went to a club one night. I met a girl who just turned 18 (it was her birthday). She apparently waited outside the club until midnight and went in after it was her B-day. I took her to my place and we had sex. Apparently she had “after sex remorse” and claimed rape. Her parents are claiming I raped her too because their daughter is “too precious and innocent” to do anything like that and I MUST have raped her.
Here is where I am getting scared. She was born in the evening time on the day of her birth. The parents got a lawyer and check this out… he is arguing that she wasn’t technically 18 when we had sex. She was at 17 hours shy of being 18 years old. At first I thought this wouldn’t fly, but the District Attorney says they have a case. They are trying to get me for statutory rape and have me registered as a sex offender for the rest of my life. I am only 25 and am facing 25 years in prison for raping an underage girl.
2006-10-31 03:14:49 · 33 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The DA told me that if she was technically 18 I would be 100% cleared because a lot of people at the club are vouching that we were all over each other and it was totally obvious that she wanted to go home with me. BUT, since she was underage the age of consent, it doesn’t matter if she wanted to do this or not – they are claiming that I raped a minor. They want me to plea out to 5 years in prison and become a registered sex offender. I am scared and all I can afford is a public defender. I have heard horror stories about public defenders. I NEED HELP!!!
2006-10-31 03:15:02 · update #1
"Please Read… I NEED SERIOUS ADVICE. I was accused of RAPE? I went to a club one night. I met a girl who just turned 18 (it was her birthday). She apparently waited outside the club until midnight and went in after it was her B-day. I took her to my place and we had sex. Apparently she had “after sex remorse” and claimed rape. Her parents are claiming I raped her too because their daughter is “too precious and innocent” to do anything like that and I MUST have raped her. Here is where I am getting scared. She was born in the evening time on the day of her birth. The parents got a lawyer and check this out… he is arguing that she wasn’t technically 18 when we had sex. She was at 17 hours shy of being 18 years old. At first I thought this wouldn’t fly, but the District Attorney says they have a case. They are trying to get me for statutory rape and have me registered as a sex offender for the rest of my life. I am only 25 and am facing 25 years in prison for raping an underage girl."
There is no quick answer to your question.
I'm assuming that your fact pattern is accurate. If there's something you've left out about your interaction with the young woman, then there might be other reasons for prosecution (for example, was she drunk?). And quite honestly, your fact pattern doesn't sound right in a couple of ways....
That said:
Do not agree to a plea bargain. You are NOT going to be convicted of statutory rape or any lesser sexual assault charge-- even with a public defender.
You must have been arrested and charged in order to be talking to the DA. If not, don't bother having a conversation with them or any law enforcement: Tell them to charge you or leave you alone. If you have been charged, then you should have an attorney-- even if it's a public defender-- and the only time you should speak to any law enforcement personnel or someone from the prosecutor's office is with your attorney present. Period. If someone tries to question you, tell them you didn't do anything wrong or illegal (since silence can be construed as an admission of some guilt), then tell them you won't talk to them anymore without your lawyer present. Stick to it no matter what threats they make-- they're bluffing.
Your case shouldn't actually make it past a grand jury. The B.S. about "17 hours shy of being 18 years old" holds about as much water as a bottomless bucket. The young woman was 18 years old. Consequently, the prosecutor can't prove statutory rape in any state within the U.S. Such a case wouldn't even see a jury-- since as a matter of law your consensual sex with an 18 year old woman is not a crime. And since a first-year law student could argue that one in a moot court, a public defender should be all you'd need-- if the DA actually prosecuted your case for real (and I doubt he would).
Also, if you haven't severed all contact with that girl... do so.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
2006-11-01 06:19:08 · answer #1 · answered by ParaNYC 4 · 1⤊ 0⤋
I seriously doubt any of us here have the knowledge to help you. I wish you the best of luck. Maybe if you try to talk to the girl and her parents and explain how this is for you and see if they want to drop charges? Unless the girl feels she was indeed raped. because even if she came to your house and was all over you, if she wanted to stop at some point you should have stopped. Anyway, I think you need a lawyer, even if you can't afford one, ask your parents, friends etc for money, this is serious. By the way, did a medical examiner examine her? Did she have signs of violence? Of course, there is the age matter, but it is such a stupid technicality...
Also, in Greece, in such cases of injustice, people call the media who call the government's representative and the subject is "judged" on the air. I guess this may be illegal in the US, because she was a minor (she's not any more), but check it out with a lawyer before you do anything. Or try to find a powerful ally, in the police, judge, etc, who could help. Do your parents or boss etc know anyone?
2006-10-31 03:20:53 · answer #2 · answered by cpinatsi 7 · 0⤊ 0⤋
Wow, that's nuts. Where to start, let me think.
Well, let's see:
A person turns 18 on their birthday, officially. Not at the same hour and minute of their birth. Could she have bought cigarettes in the morning? Yes. They won't ask exactly what HOUR a person was born. "Oh, sorry, it's only 9 am, and you weren't born until 4 pm. Come back in seven hours." That's ridiculous.
The problem with rape cases is that it is literally your word against hers.
Had she been drinking? If not, then there was no excuse for her to not say no. That brings me to my second question: Did she at any point express ANY reluctance? If not, it was obviously not rape.
Even with a public defender, this is a cut-and-dry case, so long as you do your research. Don't expect the attorney to do it for you.
You need to look up EVERY case even coming close to resembling yours, and compare them. There is always a loophole. It's up to you to find it.
Another thing you need is character testimonies. Get everyone you can: Friends, family, coworkers, ex-girlfriends, even one night stands (if any), and get them to testify on your behalf.
The thing that matters the most is building sympathy within the jury, because they're the ones who will hand down your verdict. If you can convince them that you're a good guy, and you're respectful of women, and you have NO criminal record (I really hope you don't, otherwise any sympathy you might have garnered will be gone), you might be able to squeak by.
What state are you in? I might be able to get you started on trials. Please post in your comments.
2006-10-31 03:29:01 · answer #3 · answered by The_Cricket: Thinking Pink! 7 · 0⤊ 0⤋
First - Hire a good lawyer. If you settle for a public defender, you may or may not get someone who's qualified for your case, or who will defend you the way you want to be defended. It's very true that you get all the legal rights you can afford. Get a loan if you have to, or ask family to help you out.
Second - consider what she was doing in the club that night. If she could get inside past a bouncer and an ID check, she was legally 18, or else the bar wouldn't have let her in. More importantly, she considered herself 18, or she wouldn't have tried to get in.
Finally - Check with every person you knew that was at the club. Check with the bouncer, the bartender, the waitress/waiter, too. Did she obviously want to be with you? Was she flashing ID to get served? Did she represent herself as being 18? Did she say that "today is my birthday" to anyone? If so, she represented herself to you as being of age. That should help your case.
2006-10-31 03:32:21 · answer #4 · answered by Ralfcoder 7 · 1⤊ 0⤋
Some attorneys give free evaluations. Look them ALL up and go to as many as you can! (One time I needed a lawyer, and they actually put me on a payment plan).
That is total B.S.! Man, I feel for you. That really sucks.
But, since it was that date that she turned 18, it shouldn't matter the time of birth. I would think if you DID get a good attorney, he/she wouln't let that hold up in a court of law. Legally she could go into the bar, right? She turned 18. Whether at 12:01 or 10:45.
That lawyer is just trying to get hired by the parents (it's all about the benjamins).
Try to get a good lawyer even if you have to take out a loan. Beats having to go to jail or have this on your record for the rest of your life.
Good Luck
2006-10-31 03:29:13 · answer #5 · answered by MoMoney23 5 · 1⤊ 0⤋
What state are you in? Seems age of consent if different by state. You really do need to get an attorney, because you are about to get screwed big time. At least get a free consultation that so many offer. How this case could actually be prosecuted on such garbage is beyond me, but my older brother did 9 months for 'raping' his ex girlfriend - the old "he said/she said bullshit"...she didn't want to break up with him, so she said he raped. Boyfriend prior to him, she didn't want it to end, so she attempted suicide. My brother had a 'regular' attorney not a public defender and he still got screwed.
2006-10-31 03:31:02 · answer #6 · answered by Sunidaze 7 · 1⤊ 0⤋
Wow, crazy. It seems obvious that this girl is crazy in that she would rather send someone to jail then admit that she might have made a bad decision. Although she was probably screwed up a long time ago by her parents. It seems like her parents have some delusions about her and she is playing that. The end result is that she is of course crazy because she grew up with delusional parents. The fact that she can honestly watch you get in this much trouble for something she equally participated in is sick. When she goes out on her 18th birthday, to an 18 and over club, she should act like an 18 year old and take responsibilities like an adult. If she was not willing to act like an adult about this, it is her fault for going to an adult club.
She's walking the fence here. She wanted to be an adult when she partied, but when she woke up, she wanted to be a kid again. I hope this works out for you.
2006-10-31 03:29:35 · answer #7 · answered by Take it from Toby 7 · 1⤊ 0⤋
Like those before me, I would say your first course of action would be to get a shark of an attorney that handles these types of criminal cases regularly. Furthermore, that attorney should question the DA as to why they are going after you and not filing claim against the resident agent of the club. Wouldn't they ultimately be responsible for the crime if they let an underage person into the club?
2006-10-31 03:21:33 · answer #8 · answered by Angel 3 · 1⤊ 0⤋
You need to find a good lawyer. That's the best advice anyone can give. I'm surprised, however, the DA is wasting his time with this. It's obvious is a very loose case. Yes, "techinically" this or that, but most people would write it off in some way. What bothers me is: why does the time she was born matter? When I turned 21 and went out drinking, no one asked what time I was born. My ID said x/x/xx and they were happy with it.
Get a lawyer and hope you get a sensible judge.
2006-10-31 03:19:00 · answer #9 · answered by Sativa 4 · 2⤊ 0⤋
You know you have a very real problem here. I hope everyone of the guys reading this will take a lesson as to why you do not drop your pants and jump into the sack to have casual sex with just anyone just because you are horny. Practice some self control and self respect. Did she have an examination at the hospital? Were there pictures taken? Were there bruises and abrasions in the vaginal area and other places of her body? Your trump card to play in this game of hers is to counter-sue her for defamation of character and fraud being she presented herself to you as an adult. Get a good attorney, and tell him you would like to sue her and her parents. Where the hell were they, and why did they not know where their underage daughter was? I am assuming this was done in the wee hours of the morning. I would certainly want to know where my 17 year old daughter was and who she was with after midnight. Good Luck
2006-10-31 03:25:10 · answer #10 · answered by Sparkles 7 · 2⤊ 0⤋