Rape Case Dismissed Upon a 14 Year Old

[Guilty Or Not Guilty]

Dismissing a rape case against a 14 year old is hard to believe. The man is 18. The girl is 14. The girl committed suicide.

http://www.myfoxdetroit.com/dpp/news...de-20101110-mr

http://www.myfoxdetroit.com/dpp/news...-20101110-wpms

The man admits he had sex with her.

The girls mother should charge a civil case against the DA.

[cdwjava]

Such a civil suit against the DA would never fly. If your only witness is dead, then it makes it tough to get a conviction. It's not malfeasance to be unable to make a case against a suspect. You will note that even the news station's legal expert concurred that even the suspect's admission is not sufficient for a conviction.

Tragic as the situation is, I have to side with the prosecutor on this one.

Now, a civil suit has a lower burden of proof and mom might be able to get the interview in at a civil trial ... maybe.

[cyjeff]

I agree... Mom should get a civil suit against the ... man.

Not for the money... I remember a case where a teenager killed another teen ager in a car accident... speed or alcohol... and the teen had to write a $1 check to the dead teen's parents every week for 20 years. The judge didn't want the teen to ever forget that.

I like that a lot.

[Guilty Or Not Guilty]

Such a civil suit against the DA would never fly. If your only witness is dead, then it makes it tough to get a conviction. It's not malfeasance to be unable to make a case against a suspect. You will note that even the news station's legal expert concurred that even the suspect's admission is not sufficient for a conviction.

But the 18 admitted live on tv he had sex with her. There are text messages between the two also. When a murdered victim has no way of being a witness, there are still charges against a defendant.

[cbg]

According to one account that I read (not from Fox), the charges were not dismissed; he was out on bail.

[Mr. Knowitall]

The constitutional issue that prevents the use of an unsworn, uncorroborated confession in a criminal trial would not exist in a civil trial. But that doesn't mean that the daughter's allegations would be admissible. It also wouldn't of itself establish liability in a wrongful death action, nor does it appear that there any great reason to believe that the defendant has money with which to pay a verdict or settlement.

[Guilty Or Not Guilty]

According to one account that I read (not from Fox), the charges were not dismissed; he was out on bail.

Ignore that account. I am here live in the county.

[LawResearcherMissy]

I agree... Mom should get a civil suit against the ... walking piece of crap.

Fixed that for ya, Jeffy.

The constitutional issue that prevents the use of an unsworn, uncorroborated confession in a criminal trial would not exist in a civil trial. But that doesn't mean that the daughter's allegations would be admissible. It also wouldn't of itself establish liability in a wrongful death action, nor does it appear that there any great reason to believe that the defendant has money with which to pay a verdict or settlement.

Concur.

As satisfying as it might feel to the young woman's family to drag this creature into court, justice still wouldn't be served. She'll still be dead, Mom will find vengeance bitter and empty, and there's just nothing to collect from an 18 year-old high school student.

[cdwjava]

But the 18 admitted live on tv he had sex with her. There are text messages between the two also. When a murdered victim has no way of being a witness, there are still charges against a defendant.

But a conviction cannot be made by a confession alone. In my state, this would also be all but impossible, and apparently this is the case in the state where this happened. The DA says he cannot make a case, and the news station's own legal expert concurred. Emotions do not change the status of the law.

According to one account that I read (not from Fox), the charges were not dismissed; he was out on bail.

Until they formally dismiss the charges. if the DA cannot proceed within a certain time frame, then I suspect bail will be exonerated.

[madmel]

There's a followup:

http://www.myfoxdetroit.com/dpp/news...-20101111-wpms

Published : Thursday, 11 Nov 2010, 5:09 PM EST

We've now learned the 18-year-old is facing a brand new set of allegations. Huron Township Police say another girl has filed a criminal sexual conduct complaint against Tarnopolski.