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  1. #1
    Join Date
    Nov 2011
    Posts
    1

    Default Raped by a Minor; Now Accused of Second Degree Sexual Misconduct with a Minor

    My question involves criminal law for the state of: South Carolina.

    In April of this year I was raped by a resident student minor at the residential group home I was working for. As is typical of rape victims (80% go unreported), I didn't tell anyone. The abuse continued over the course of three months before I snapped out of my shock and fear and and told the student he would never, ever touch me again. A month afterward, the student became enraged with me for not coming his to defense (a fight took place in which he wanted me to say he'd been "choked," which was untrue), and he told the administration that we'd been having "consensual sex," and the student who fought him was jealous.

    I've since been fired from a job I loved for being raped. I've spoken with the police, told them I was sexually assaulted, but have been met only with disbelief. At our last meeting, the detective on the case told my lawyer (who I won't be able to afford for the trial; he's recommended a public defender) that I would be charged with sexual misconduct in the second degree. There were no witnesses to the sexual contact, and only my story corroborates that any sexual contact occurred at all. My emotional trauma as a direct result of the student's attack was witnessed by the other students living in the house, and I was constantly covered in bruises that students, staff, and my friends witnessed. I have no prior criminal history. The student in question has a history of sexual abuse, drug abuse, and documented violence/aggression.

    There is a report from a co-worker who (mistakenly) believes he saw us "kiss," which is easily disproved by an uncertain perspective. The student's grandmother lied blatantly in her statement to police, saying that I called her and begged her not to tell anyone what happened (she called while I was at work, surrounded by other students who can testify that I did nothing of the sort).

    I'm furious and I'm terrified. What are the chances I will be found guilty if I have a forensic psychologist testify to the psychology of a rape/trauma victim? What are the chances that the kid's story will be discredited in light of his history? I understand that allegations of sexual assault do not need to be corroborated... is there any way to prove my innocence? If there isn't, is there a way to avoid having to register as a sex offender? What is the likelihood I'll go to prison (the max sentence is 20 years)?

    I understand that I'm asking a lot of questions--I've exhausted my resources and I need answers. I literally don't know where else to turn.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,579

    Default Re: Raped by a Minor; Now Accused of Second Degree Sexual Misconduct with a Minor

    What are the chances I will be found guilty if I have a forensic psychologist testify to the psychology of a rape/trauma victim? What are the chances that the kid's story will be discredited in light of his history?
    "Chances" don't come into play here, only facts, and we are not in a position to review all of the facts.

    You need to speak with the PD recommended to you ASAP.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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