What happens to my son if he charged with statutory rape? 7 Answers as of April 05, 2012

My son has been charged with Class 3 Rape. A 15 year old is saying that he had sexual contact because he would not go out with her because of her age. She had an overnite friend, who is also a minor, give a statement saying she saw something to incriminate my son. The state polce arrested him charging him with 3 felonies with no rape kits done or proof that the incident occurred. One of the charges is forcible rape. The police didn't arrest my son until after I advised him not to take a polograph test which he had agreed to do before hand. I feel my son is being framed by these 2 girls and that the state police have pushed these girls with their lines of questioning to put into statements. Can my son go to prison without evidence to back 2 girls stories just because he declined a polograph test under my advisement? He has never had any trouble with the law all his life. He is currently 29 years old and a single father raising a 10 year old boy.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
Your son needs an attorney. However while charges can be filed they have to be proven in court beyond a reasonable doubt.
Answer Applies to: New York
Replied: 4/5/2012
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Your son is charged with both statutory rape and forceable rape. The forceable rape is a Class "B" Felony and the other is a Class "E" felony. Both carry prison sentences and sex offender status with all that goes with that. As for the girls setting him up, if that is the case, then it is likely that a good experienced criminal defense attorney will bury them on cross-examination. This is especially true if there is no rape kit. However, there are two witnesses against him, so that hurts his chances, while the lack of recent outcry and no rape kit will help him. As for the police and their ways of getting the girls to include various aspects into their statements, that's normal. Not right, but normal. As for the poly, if he really is innocent, then he would do well to take the box. If not, then he should stay away from it. Remember, he is almost twice as old as the girl and that's a very bad situation. Most juries don't like that single fact. So, he'd better be an awfully good witness and you'd better find the best cross-examining attorney to try that case for you if you want to get him off. You should also find a great investigator to take this case on and do a great workup on it. That means checking both girls Facebook accounts and talking to all their friends to see if they let it be known that they really weren't raped, etc. That often makes a big difference if you can find someone who knows them and they're talkative, which is true for most young girls today. This is a very important case and should not be taken lightly. If he is convicted, he stands to do as much time as in the vicinity of 6-8 years and as much as 25 years in jail as a "rapeo" which is a very bad monicker to get while in prison. So do whatever it takes to hire the best lawyer you can find now and get started immediately with his defense.
Answer Applies to: New York
Replied: 4/2/2012
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
Your son can be tried and convicted on eyewitness testimonial evidence with no scientific, circumstantial, or DNA, or other physical evidence to back it up.
Answer Applies to: New York
Replied: 4/2/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
The polygraph test is irrelevant as it would have been inadmissible at trial anyway. It is going to be a stretch to ask the jury to believe that someone would be willing to lie under oath and see someone go to jail for up to 25 years because he wouldn't go out with her. You are also mistaken when you say that there is no evidence - witness testimony is the most common form of evidence at trial. As a matter of law, a jury can find someone guilty based on the testimony of one witness if they believe the witness testified accurately and honestly. The fact that here is a second witness strengthens the case. Your son should seek the help of an experienced criminal lawyer.
Answer Applies to: New York
Replied: 4/2/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
First of all, people should never talk to the police. He probably already told them he knew the girl and was with her on a certain night and that is most of what they have to prove. Second, he is not wise in being around a 15 year old girl or getting her upset for any reason. Third, you only know what he said, you do not necessarily have all the facts. You should retain a good criminal lawyer to investigate the case and advise you on how to proceed. The prosecutor does not necessarily need DNA or a rape kit, he only needs a credible witness or two. Third, if he is 29 years old and it is a forcible rape it is not statutory rape, it is Rape in the First Degree or Second Degree and he faces 25 years in prison. If he was fooling around with a 15 year old girl he is very foolish. Even if he only kissed her and she made up the rest he is putting himself in a very bad position playing with the heart and mind of a little girl. Rape is easy to claim and difficult to disprove, and she has a witness. The prosecutor has to prove penetration to prove rape, but he could still be convicted of Sodomy or Sexual Abuse.My fee is $10,000 for a rape trial and a plea is $3,000. Call for a free consultation if you can afford the fee. If he is not working he can get a public defender but that is not a good idea when your life is at stake.
Answer Applies to: New York
Replied: 4/2/2012
    Lutwin & Lutwin, LLP | Joel M. Lutwin
    He is charged with a serious felony and needs a top criminal defense attorney- no rape kit is good for him-you gave him good advice about the poly-it is inadmissible anyhow- we can represent him if you can afford an attorney
    Answer Applies to: New York
    Replied: 3/30/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. He can be charged. It's debatable whether the prosecutor will seek jail time.
    Answer Applies to: New York
    Replied: 3/30/2012
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