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JoeCanada76 · Apr 25, 2009, 07:28 PM

Originally Posted by Fr_Chuck

I will first addres this from a legal view point only

a. a girl 14 can not consent, you can have her sign and testify she agreed to, but at 14 in the US it is still rape. If she consented you may only do 3 or 4 years instead of 5 to 10

1. no you will not be able to enter Canada, and if in Canada they would catch you at the boarder for any warrants on you

2. sneaking in along the border with illegal mexicans would be a option. But the best is to work with an attorney here in the US, to allow you to fly in, show up at the police station and turn yourself in .

3. Yes, first there would be a felony warrant for rape, but the probation warrant would also be on the NCIS system which is national and can even be accessed in Europe by Intropol.

4. Yes untill you are charged, the minute they charge you and issue a warrant the SOL is froze, so once they issue a warrant they can wait 40 years go catch you.

5. Hope there is no evidence that you had sex with her, like this post for example traced to your IP address and sent to the police. Your attorney will guide you best, but since you can't lie on the stand, just don't testify and hope she can not prove you had sex with her.

The troubel here is that just having sex with her, she can agree, her mother can agree but at 14, legally she can not agree, so any sex is connsidered rape. So if they can just prove you had sex with her, not even using force, you are convicted.

Fr.Chuck,

They did a rape kit at the hospital and his DNA WAS PRESENT. I would say that is evidence.

mudweiser · Apr 25, 2009, 07:28 PM

Originally Posted by Jesushelper76

It is more then bad judgment here. The guy is 22 years old having sex with what he thought was a 16 year old which actually turned out to be 14.

This guy is a rapist.

This guy will get caught and will face up to the crime that HE committed.

I think this is why they coined the sentence: "no crime goes unpunished"

Sarah

Fr_Chuck · Apr 25, 2009, 08:01 PM

We have only his second hard word a rape kit was done, we do not know if she bathed first before she went back to school and what evidence was found. And he will not at this point either.

And as long as he is in India he will not have any chance of defense

And legal advice, not moral judgements no matter how disgusting the crime of a stat rape of a child may be. So I will not be here telling people how sickening it is to think of a 22 year old man with a 14 year old child.

But we can tell him that she will be dressed to look as young as she can for trial when she points her fingers at him and says he is the one.
And the fathers and mothers or grandparents in the jury will think of there child at home when they find him guilty

JoeCanada76 · Apr 25, 2009, 08:03 PM

So why would he say that they did a dna test and that they found his dna? I do not get what your saying Fr.Chuck??

Fr_Chuck · Apr 25, 2009, 08:09 PM

The fact is, I doubt he would know, the evidence in a rape case for a minor is not released. He may assume it is because they want to question him, remember police are allowed to lie and often do to get the person to confess.

So what better way to get him to admit doing it, than to say you have the DNA as proof, they may have it, or they may not, so the legal answer is to question the evidence, first is it real, and second is there anyway it could be wrong. That is what lawyers do to defend him, was collection methods proper, was there a break in the chain of evidence.

But this is the other side, since he left the country he also violated hs probatoin for doing that without permission and not checking in.

So he could well go back to prison for probation violation even if he beats the rape charge.

J_9 · Apr 25, 2009, 08:57 PM

Originally Posted by Fr_Chuck

since he left the country he also violated hs probatoin for doing that without permission and not checking in.

This can be considered, basically, an admission. If the crime weren't committed, no reason to run.

J_9 · Apr 26, 2009, 06:02 AM

Waddya want to bet that the OP will never return to AMHD?

excon · Apr 26, 2009, 07:14 AM

Hello on:

Well, I'd help you circumvent the system if I knew how. Of course, if I knew how, I wouldn't be an excon, now would I? Towards that point, I don't think there IS a way to circumvent the system. All you can do is mitigate your circumstances...

Entering the US is NOT the problem. Getting arrested isn't the problem either. You WILL be arrested whether it be at the border or when you turn yourself in at the courthouse... I don't see a hell of a difference..

If your attorney is STILL representing you, he needs to arrange for your surrender, or you need another attorney to do it for you.

excon

PS> A word to my friends... If you can't handle criminal behavior, maybe you shouldn't answer questions here.

Alty · Apr 26, 2009, 11:06 AM

A word to my friends... If you can't handle criminal behavior, maybe you shouldn't answer questions here.

Exy, you know I adore you, but I have to say, I couldn't just walk away from this one and turn a blind eye. I had to give my two cents.

Criminal behaviour I can handle, the sexual abuse of a child, not so much.

This girl is 14 years old, that's wrong on so many levels that I don't even know where to begin. This moment, no matter how hard she tries to forget it, will change her life, but not in a good way.

I don't buy for one minute that the sex was consensual, nor do I think this was the OPs first sexual assault.

Yes, I let my emotions get the better of me, maybe because I've been that girl, was that girl, in many ways I'm still that girl. People who prey on children, well, personally, I think jail is too good for them.

Sorry, but I cannot stay quiet on this one.

J_9 · Apr 26, 2009, 02:02 PM

Originally Posted by excon

A word to my friends... If you can't handle criminal behavior, maybe you shouldn't answer questions here.

I agree with Alty here excon. Criminal behavior I can handle. This is animal behavior. Then he has the nerve to ask, on the legal boards, to assist in illegal behavior. I AIN'T goin' to jail 'cause I helped this creep.

Ex, I could not hold my tongue as I have a daughter that could have been this girl. If he didn't specifically say this happened in New York, then how do I know he wasn't on my child's school property?

Sorry, Ex, but this is one thread on the legal boards where all legality is thrown out the window and emotions are allowed to take over so that this freak knows just how society views animals like him.

twinkiedooter · Apr 26, 2009, 02:50 PM

I'm beginning to think that this sort of sexual behavior is acceptable over in India otherwise why would the OP consider this so lightly? I don't know the legal age in India for "children" to have sex with adults so I'm just guessing here.

J_9 · Apr 26, 2009, 03:00 PM

Originally Posted by twinkiedooter

I'm beginning to think that this sort of sexual behavior is acceptable over in India otherwise why would the OP consider this so lightly? I don't know the legal age in India for "children" to have sex with adults so I'm just guessing here.

Twinkie... Read the OP again. This happened in New York and the OP fled the country in fear of going to prison.