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    tiggerella's Avatar
    tiggerella Posts: 184, Reputation: 13
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    #1

    May 30, 2015, 10:56 AM
    What would you do if this happened to you?
    A friend of mine was working with troubled teens, basically as an overnight supervisor in a group home. For the most part, he didn't have too much to do, as most of the teens were sleeping most of the time, but every once in a while he'd make use of his degree in psychology to help out someone who was having issues of some sort. (These teens were basically in this shelter because of being abused at home, or getting caught with drugs and doing a small amount of jail time before being released into a society, that didn't want them, etc.)

    That all ended when one of the girls bragged it up to a friend of hers that she'd had sex with him and her friend went to his boss, which resulted in my friend getting fired. Because the girl was under 18 and the group home is officially responsible for her well being, the group home is pursuing a court case, but so far, the trial has been rescheduled twice. My friend has been able to find work away from the field he went to college for, but at minimum wage, he's not able to contribute as much to his family's income and the family is struggling to keep up with their bills.

    So far, if I understand things right, this is what they have against him:

    1) A used condom, recovered from the girl's trash can, but the DA claims that the ejaculate was too old to yield anything, not even DNA. (I find this suspicious, as it was my understanding that there should have been usable DNA on the condom, hers on the outside and his on the inside, even if the fluids were long dried up.)

    2) The bedsheets from the girl's room, which didn't even show that the sex happened there.

    3) The testimony from the girl's friend, who basically has disappeared while the "participants" are awaiting the trial. (In other words, they only have whatever she said to my friend's boss, as she reportedly never even stuck around to give a sworn statement to the police.)

    Basically, my friend hired a lawyer, gave up his DNA, has been unable to be alone with his teenaged stepdaughter, and has jumped through every hoop presented while waiting for the judge to hear the evidence and pass judgement - even though at this point, it's his word against hers only. I was totally peeved when, faced with a second rescheduling, his lawyer told him he should "make a plea arrangement" without telling my friend that, in our state, that would make him a sex offender, which is a felony. He wouldn't ever be able to own guns or have any inside his home. He wouldn't ever be allowed to be alone with his two stepchildren or his own toddler daughter. He would never be able to get a license in psychology, so he could never again work in the field that he spent 5 years in college to get a BA in.

    My friend took the advice my husband and I gave him, so the trial is moved off to August at this point, but seriously, what would you do in this circumstance? Would you just plea out to get the whole mess over with and let the girl think she had successfully ruined this man's life, like his lawyer is telling him he should do, or would you continue to push for the trial?

    Of course, MY advice to him was to force the trial, and, if this girl loses the case, go after her for defamation of character for basically ruining his life for the past 2 years so that she'll NEVER try this on anyone else, as this kind of thing may well be part of why she was thrown out of her own house. He says that he'd feel bad about such a thing, as she was already mentally unstable to begin with...

    Thoughts?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    May 30, 2015, 11:49 AM
    NO plea deal on that... For the reasons you mentioned,... They have to prove he did it... and if that "evidence" proves to not have his DNA but someone else's... the case all but falls apart. If I was him... I'd get a different lawyer if they were actually trying to convince him to take it. Though, if the DA presented the Plea deal to his lawyer... his Lawyer would have had to present it to him... so its all in HOW that was presented...

    I would also go after defamation... AFTER they legally become an adult. All depends on their age if it would be tried as a juvenile or an adult. It would be buried when they turn 18 if it happened as a juvenile, and have little if any consequences on them. But put them through some of the hell and expense of what they put him through. He needs to grow a spine... but him answering that way almost insinuates the possibility something actually might have happened between them.

    And remember....he's got a trial coming....anything he says if it got around..could come back to be used against him....he really shouldn't be talking to you or anyone but his lawyer.
    talaniman's Avatar
    talaniman Posts: 54,215, Reputation: 10853
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    #3

    May 30, 2015, 12:22 PM
    No plea! It may take a while to get his name cleared, but that's a battle worth fighting for. He just has to persevere no matter what they throw at him.

    To be clear, an attorney is supposed to advise his clients of ALL his options, distasteful or not. That's his right to know and make a decision about.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #4

    May 30, 2015, 01:13 PM
    Are you trying to write another novel !
    DoulaLC's Avatar
    DoulaLC Posts: 10,488, Reputation: 1952
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    #5

    May 30, 2015, 03:07 PM
    Was your friend alone in supervising females overnight in the group home?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #6

    May 30, 2015, 09:57 PM
    A. A male would almost never be the supervise females. There would be rules.
    B. if he was . He would or should never be alone.
    C. rape allegations have ruined many people. Even if the courts find him "not guilty" some people will still believe it happened. He will still find it hard to get work.
    rainacidbeer's Avatar
    rainacidbeer Posts: 92, Reputation: 6
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    #7

    May 31, 2015, 07:24 AM
    A conviction will be even worse. Got fight and try to get the charges thrown out,he would be a felon and a sex offender.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #8

    May 31, 2015, 08:09 AM
    Get rid of the public defender. Pay for one, or shop around for a pro bono one, from a clinic, school, or huge firm. Demand a speedy trial, his right. I don't see a case for the prosecution, as you describe it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Jun 1, 2015, 07:29 AM
    Quote Originally Posted by smoothy View Post
    ...
    I would also go after defamation... AFTER they legally become an adult. All depends on their age if it would be tried as a juvenile or an adult. It would be buried when they turn 18 if it happened as a juvenile, and have little if any consequences on them. ...
    The accuser is a female. So by "they", I assume you mean "she".

    He can sue her any time after he is acquitted; she doesn't have to be an adult. And you are confused about her being "tried as a juvenile or an adult". A defamation suit would be civil, not criminal.

    But in any event, she is probably judgment-proof. So what would she really care if she was sued for defamation?

    Quote Originally Posted by DoulaLC View Post
    Was your friend alone in supervising females overnight in the group home?
    Assuming he is acquitted, he might very well have an action against the group home for not having two adults working there at all times. The group home's policies in this regard have significantly contributed to his predicament. And, by the way, the sex of the minors in the group home is immaterial. An accusation by a minor male would be as devastating (if not more).
    tiggerella's Avatar
    tiggerella Posts: 184, Reputation: 13
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    #10

    Jun 16, 2015, 11:42 AM
    Quote Originally Posted by DoulaLC View Post
    Was your friend alone in supervising females overnight in the group home?
    My understanding is that there are both sexes in the group home and that the supervisors take turns on the overnights. I'm not sure if the supervisors were working alone, though. Nice question to ponder.

    Quote Originally Posted by tickle View Post
    Are you trying to write another novel !
    Not at this point... but the situation would make a good crime novel, now that you mention it...

    *smile*

    Thank you for all the answers on this. You've given me a bit more to think about - and I will keep pushing him to not settle.

    Blessed be, one and all!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Jun 17, 2015, 06:29 AM
    Quote Originally Posted by tiggerella View Post
    1) A used condom, recovered from the girl's trash can, but the DA claims that the ejaculate was too old to yield anything, not even DNA. (I find this suspicious, as it was my understanding that there should have been usable DNA on the condom, hers on the outside and his on the inside, even if the fluids were long dried up.)
    Hello t:

    A good lawyer would have the condom independently tested. If they can get DNA from dinosaurs, they can get DNA from an old condom... I don't trust DA's.. NOT even a little bit. They LIE through their teeth.

    excon

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