Lewd Or Lascivious Battery and Sexual Performance by a Child

[thugkill3r]

My friend has been charged with Lewd Or Lascivious Battery and Sexual Performance by a child.. The cop has a cell phone video with the said victim giving oral sex to a unknown male.. (His face is not shown) The detectives came for an interview with him.. he noticed 1 of the cops going in his pocket trying to be sneaky and record the interview.. At that point my friend asked the cop if he was recording and the cop said yes.. He then stated to the officers that he has been advised by his attorney not to talk to the police without talking to him first.. the cops proceeded with the interview and when things didn't go there way and he didn't confess or admit any wrong doing the cop said "I have enough of ur lies" and arrested him.. They never read him his rights before the interview they never read them after.. The place where the "act" was suppose to have occurred was at my friends business.. he didn't allow them to take pictures of the inside of the building but once he read the arrest report and saw what it said, he was shocked that he was arrested due to the fact the said victim cannot even identify the color of the business.. the color of the walls in the business all she could say was that the carpet was green (which are) and that there was junk inside the building (not true) but the cop stated he seen a room with junk it in which was a parts room... The girl said it was her idea to give the oral sex and this girl has a history of this type behavior and her mother who is the 1 who accused my friend is on probation for child abuse and false imprisonment against the girl.. We are thinking because the girls mom saw the call records and seen that her kid called my friend alot thats the reason why she suspects him but Is all this enough to convict someone of theses charges? My question is what kind of evidence is needed to convict someone with both theses charges? and If i could get a copy of the arrest report would I be allowed to post it here after editing the names and other relvent information so that we could get others opinions?

[panther10758]

Seems like you got your answers here

[thugkill3r]

I didnt get the answers to the new stuff i just mentioned..

[panther10758]

Miranda is not an issue since he gave Police no incriminating evidence

[thugkill3r]

What will the defense require to convict my friend? They will need the girl to testify correct? If she doesnt I assume the case will be dismissed due to lack of evidense? Im just trying to understand how the state can prove this happened.. Cause this case is all built on hear say.. Which I thought was not allowable in court.... excuse the typos thank you in advance.

[panther10758]

Without knowing all the details of the case no one here can say

[thugkill3r]

A good point has been brought to my attention.. Since all theses false allegations have been brought upon my friend could he bring "Sex by Fruad" charges against the girl as a possible defense? We are trying to see whats the best path to take in fighting this case. But i think that would imcriminate him.. Would it?

[panther10758]

Good luck with that. That is a question for the Attorney handling the defense in this case

[aaron]

What do you think a "sex by fraud" charge is, and how do you think it will help his defense if he makes accusations against her that necessarily require that he confess to the crimes he is charged with committing?

[thugkill3r]

Panther According to Miranda vs Arizona, police MUST read a defendant his rights before they question him... Which they did not do in my friends questioning.

aron i was just throwing that out there.. thats what I thought.. hes not willing to admit to something he did not do.. so that was just an idea..