if a girl says you raped her but you didn't and you have a witness that can back you up and was there when she said it happen will you still get convicted and her story doesn't make sense will it go to trail if theres inconsistency in her story and it doesn't make sense girl fourteen and man 18 she didn't report it until a week later its just she said they said
2007-11-19 05:34:41 · 18 answers · asked by sean_dmc 1 in Politics & Government ➔ Law Enforcement & Police
witness is her friend
2007-11-19 05:35:02 · update #1
If she waited a week, there is not going to be any DNA evidence to obtain from her body.
Without evidence and a clear, concise story, the district attorney's office will most likely NOT press charges.
Under no circumstances should an 18 year old male allow himself to be in a position with a minor who can accuse him of such.
If your friend is not guilty of anything, tell him to plead NOT guilty and to REFUSE to talk to anyone other than an attorney (which would be assigned during an arraignment hearing). Should your friend be contacted by someone from the police or district attorney's office, tell him to say, "I will not talk with you unless I have an attorney present." He has the right to remain silent!
2007-11-19 05:40:31 · answer #1 · answered by Buddie 7 · 1⤊ 0⤋
It doesn't matter if it was consensual or not! The fact is that she's 14 and the man 18. That is statutory rape!!! Whether or not she has a history of being promiscuous or not has absolutely no relevance in the case. What would an 18 yo want with a 14 yo girl??? And as far as waiting for a week to report....when someone has been raped they go through all sorts of emotions, mentally, physically, and emotionally! That doesn't matter!
2007-11-19 18:57:28 · answer #2 · answered by Tabatha 4 · 1⤊ 0⤋
If you are saying no sex happened at all, you'll have some legal hassles but the charge probably won't stick. Since she is 14, if there is evidence you had sex, it won't matter whether she invited it or not, it would be considered rape. But if she is making up a story out of thin air, the guys chances are good. Rape is the most overreported (and also underreported) crime there is. The police are aware of this (and even more aware after the Duke incident). They are going to look very carefully at her story as well as his. They'll probably guess that all witnesses (hers and yours) are lying until they figure out more on their own.
The law won't let her get away with making up stories. But if she isn't making it up, the law won't let him get away with it either.
2007-11-19 13:46:50 · answer #3 · answered by wayfaroutthere 7 · 2⤊ 0⤋
In NC the correct charge would depend on the "exact" age difference between the parties involved. In other words, from birthday to birthday. Sex charges here are something that frequently needs a bit of research to determine which one is correct because of age requirements.
Could it go to trial if there are inconsistencies? It could. If the inconsistencies are glaring, the DA's office will usually look it over before proceeding with a trial. Then a jury will have to be convinced even then.
2007-11-19 19:18:20 · answer #4 · answered by justme 2 · 1⤊ 0⤋
It may or may not go to trial. She will need to be checked by a doctor for any evidence... if is she going to even take it that far. She would have to hire a good attorney if her story is inconsistent. I see the case being thrown out if what you have told us is true. She may just be threatening you with no real desire to go through with it. Why would she be making these claims? Get yourself an attorney just to be prepared and tell him what you are saying here with all details. It is worth it if she is serious as she is messing with your life. However, if you did have sexual relations of any kind with her, consensual or not, you will likely be charged with statutory rape and corruption of a minor
2007-11-19 13:44:39 · answer #5 · answered by lizards 5 · 0⤊ 0⤋
The rape charge doesn't really matter at this point. You said the man is 18 and the girl is 14. It is statutory rape under any circumstances. even if the secondary rape charge is false and the sex was consensual, It is still rape.
2007-11-19 13:38:04 · answer #6 · answered by booman17 7 · 3⤊ 0⤋
A friend of mine had this happen to him.
Was sad, because the girl was really a nutcase.
She had her brother pick a fight with my friend, and even called the police and tried to say my friend started it.
In the end, it had to go to trial and under cross examination the lawyer for my friend was able to prove it.
Some are harder than others.
But remember she has to prove beyond a reasonable doubt that you in fact committed a rape.
And perjury is a crime so if anyone lies, they only make it worse for themselves.
NOW, heres another thing.
Statutory rape might apply here, is she can prove you had sexual relations.
So maybe thats what shes trying to threaten.
So if you did have sex with her, and shes that young....that might be your problem.
Remember that kid who was like 17, and got oral sex from a girl that was 15.
He did alot of time, and was finally released.
So its best to check with your state to see what laws they have.
good luck.
2007-11-19 13:42:37 · answer #7 · answered by writersbIock2006 5 · 0⤊ 0⤋
The girl is 14 the guy is 18, he is automatically in the wrong. An 18 year old is considered an adult. An 18 year old will be tried as an adult.
2007-11-19 13:44:19 · answer #8 · answered by bettyrubleinspurs 4 · 2⤊ 0⤋
Witness or no, it is rape by definition because of the simple fact the girl is a minor.
2007-11-19 13:38:26 · answer #9 · answered by Nova29 3 · 2⤊ 0⤋
Problem being, girl 14, guy 18. In most states a girl can not give her consent if she is under 16.
2007-11-19 13:38:09 · answer #10 · answered by Glenn T 3 · 2⤊ 0⤋