Topic: Criminal Law
Q: I am now currently 23. I was accused of rape by a foster-sister. She was between the age 7-9 and I was between the age of 11-13. I had a detective talk to me in 2015. I told my side of the story saying I didn’t stick my male parts in her. I said things did happen with clothes on and I wrote that in a report in 2016. Another Detective comes to me saying we need to go over paper work basically starting a new Investigation saying that they did a penetration test and basically telling me I he knows I did I gave him what he wanted to hear. He called the da and they said not to arrest me it’s been like 2 years nothing has happened. Lawyers In my area won’t help till I get paper work but that hasn’t happened. What do I do?
A: Don’t speak with anyone, police, friends, no one. You can be charged with rape and a variety of sexual crimes which are as serious. If you are contacted by police, refuse to speak with them no matter what they promise in exchange. You have no legal obligation or duty to speak with them, period. They know this. They have no right to take you anywhere unless you are arrested. If they do contact you again, say nothing and call a lawyer. No lawyer can really help you until you are arrested. I have no crystal ball but it sounds like the police do not want to prosecute. However, if the victim really pushes this for one reason or another, they may have to file charges.
CRIMINAL LAW, SEXUAL ASSAULT, MINOR, PROSECUTION