Molestation by a Stepparent

[justanotherguy3]

My question involves criminal law for the state of: Virginia


Here's some background. My girlfriends stepdad is being charged with sexual assault. I would like to know if the evidence given is enough to bring him to trial and if so, what sort of sentence he is looking at. He is currently being held without bond in jail awaiting his next date to apply for bail or something.

He has molested my girlfriend and her twin sister every since they were 9 until they were 16 (both recently turned 17) when I found out and quickly intervened. There is no evidence, just their word against his. The mother of them searched his computer and found a child pornography website in his favorites.

After a few days of being in jail, he somehow contacted one of his friends and asked her to go to the house and retrieve his laptop (which the mother had searched found nothing, the child porn website was found on his desktop, which was quickly confiscated by the police). The mother was home and (of course) refused to hand over the laptop. After searching the laptop and the laptop case further, she fund a USB in the laptop case which contained more child pornography, which she turned over to the police.

I'm sorry for the long post, but I would really like to know if the evidence (2 testimonies from 2 minors for object sexual penetration; aggravated sexual battery, and indecencies with minors. An illegal child porn site in his favorites. and lastly, a USB which contained more child pornography) is enough for him to be brought before a grand jury in court.

thank you.

[41TellTheTruth]

In a word yes

[justanotherguy3]

Answers anyone?

[Who'sThatGuy]

It looks like he is going to be facing more then sexual assault. He is also in possession of child pornography which is another charge in itself and the desk top and lap top will put him behind bars for that. He is most likely to stand trial for this charge first if he isn't tried for both at the same time.

The prosecutor will use your girl friend and her sister as victims and the possession of child pornography charge to support the victims statements.

I wouldn't worry about wicked step-dad getting over on any of these charges.

[nite_riderusa]

He would get at least 10 years just on the child porn. He could be facing life in prison on the long term sexual assault. But, and this is a big but, if he takes a plea bargain, and this is his first ever offense, he could receive a far reduced sentence and sex offender treatment. None of us can read a judges mind so we cannot tell you what he would be sentenced to. His maximum sentence is life. His minimum could be 6 months and sex offender counseling and probation for ten years.

The girls testimony alone will be enough to get a conviction, specially with the child porn enhancement.

[justanotherguy3]

He would get at least 10 years just on the child porn. He could be facing life in prison on the long term sexual assault. But, and this is a big but, if he takes a plea bargain, and this is his first ever offense, he could receive a far reduced sentence and sex offender treatment. None of us can read a judges mind so we cannot tell you what he would be sentenced to. His maximum sentence is life. His minimum could be 6 months and sex offender counseling and probation for ten years.

The girls testimony alone will be enough to get a conviction, specially with the child porn enhancement.

Thanks for the info. I am not very educated in law, so could you tell me if he is likely to take this "plea bargain"? Also, what would be the pros and cons of him taking a plea bargain in this case?

[Who'sThatGuy]

There may be no plea bargain.

If the state has a great deal of evidence then the state will not cut him a break.

If the state lacks enough creditable evidence then they will most likely offer a plea bargain.

[justanotherguy3]

Understood. With the evidence I stated, do you believe that is enough to try him and convict him?

[Dogmatique]

What statutes has he actually been charged with?

[justanotherguy3]

As far as I know

-Object Sexual Penetration of a minor
-Aggravated Sexual Battery
-Indecencies With a Minor

Those were the charges before the mom found any of the child pornography. The same charges are pending for her twin sister who is coming up tomorrow to give her statement.