Falsely Accused of Statutory Rape
My question involves criminal law for the state of: Michigan
My Husband has recently been mailed papers from a local police department, regarding a statutory rape case against him which is 1005 FALSE!!! Unfortunately the accuser is a step-family member who has sickingly had an obsession with him over the past 10 years. It has developed from a 'childish crush' to a battle of slander, jealousy, and threats. Se has been falsely accusing my husband of this for the past 4 years (she is now over the age of 18).
We are not 100% sure as to what EXACTLY is has claimed happened, but we do know she is claiming it happened while she was under age. Over the past 4 years, it seems she only brings this issue up during specific times in our lives (marriage proposal, wedding invitation, actual wedding, learning of my pregnancy). The accuser is also mentaly unstable. She has been to mental facilities numerous times. There are also alot of affiliates who know of her instability and have agreed to testify in our defense.
Although this accusation is 100% false, and there couldnt be any evidence against my husband, I am still worried. We have spoken to a lawyer, who said the police take the accuser's word as evidence, and people have been convicted on word alone. My worry also stems from my husbands legal history (he does have a felony record, although none of which are violent or sexual crimes).
Could he be charged simply on her word? with no evidence? Does it make a difference it has taken her almost 5 years t come forward with this? The accuser is sick in the head, and affliates of ours, have witnessed her sick obsession with him, first hand (even myself ie- She started harassing me when she found out we were dating).
Re: Falsely Accused of Statutory Rape
It is unusual for the police to "mail papers" to anyone accused in a sexual battery case or any sexual offense. I find that most suspect. I seriously wonder if they are even real.
Normally victim goes to police, police do investigation and talk to all parties, esp. if there is no physical evidence and it didn't just happen. They do not send letters, a detective comes and knocks on the door. Maybe they don't care to talk to the accused. In any case, they take their evidence to the State Attorney or District Attorney, depending on your state, and that office decides if there is enough evidence to prosecute. Normally the accused will hear nothing until the police are at his door with an arrest warrant.
Then he'd get an attorney appointed or hire one and all the things you said you'd provide to the attorney who would work out how he might be able to prove it all in a court of law or use it to get charges dropped or work out a plea deal.
One big freaking nightmare if it goes that far.
Re: Falsely Accused of Statutory Rape
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Universal1411
The accuser is also mentaly unstable. She has been to mental facilities numerous times.
You realize of course that the logical thing she's going to say is that her mental health issues are BECAUSE of the statutory rape, right? Be prepared for that to be thrown out there.
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There are also alot of affiliates who know of her instability and have agreed to testify in our defense.
Statutory rape isn't a case based on character. Unless the witnesses were WITH the defendant at the supposed moment the crime occurred, their testimoney is irrelevent to the facts of the case. Even the most guilty rapists have tons of friends and family lined up to tell the court what a great person the accused is and that they'd "never do such a thing". The state's case must prove that (a) sex occurred and (b) that the victim was under the statutory limit at the time. And there isn't "our"...unless you too are somehow charged as an accomplice.
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Although this accusation is 100% false, and there couldnt be any evidence against my husband, I am still worried.
Understandible! Having this kind of accusation, either against one's self or a loved one can be emotionally traumatic. The part about evidence is really important. Lack of such evidence is why such a large number of these cases never make it all the way to trial...the uncoorborated word of the victim alone honestly isn't enough to garner a conviction (and thus not usually enough for the prosecutor to bring the case that far). With that said, juries tend to like physical evidence, thanks to the CSI effect, but with enough other CIRCUMSTANTIAL evidence, yes, convictions CAN happen.
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We have spoken to a lawyer, who said the police take the accuser's word as evidence, and people have been convicted on word alone. My worry also stems from my husbands legal history (he does have a felony record, although none of which are violent or sexual crimes).
Could he be charged simply on her word? with no evidence?
The burden of proof that police act on to make an arrest is "probable cause", with is much lower than the burden of "beyond a reasonable doubt" required for a conviction. Arrested on word is pretty easy, conviction is a different matter. Yes, the existing felony record could play a part in the jury's opinion of the accused, but that's why he'll have a defense attorney to point out that, as you note, the felonies weren't for violent or sex crimes.
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Does it make a difference it has taken her almost 5 years t come forward with this?
It depends on the spin put on the explanation. The defense will try to spin it one way, the prosecution will spin it another. It depends on whose version is more credible.
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The accuser is sick in the head, and affliates of ours, have witnessed her sick obsession with him, first hand (even myself ie- She started harassing me when she found out we were dating).
Do you have any documentation of action regarding this behavior? Ever sought a restraining order?
Re: Falsely Accused of Statutory Rape
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Universal1411
Could he be charged simply on her word? with no evidence?
If he has received charges, the answer is an obvious yes.
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Does it make a difference it has taken her almost 5 years t come forward with this?
Nope... the SOL is still good.
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The accuser is sick in the head, and affliates of ours, have witnessed her sick obsession with him, first hand (even myself ie- She started harassing me when she found out we were dating).
Something to bring up in court.
However, unless you - yourself - are a licensed mental health professional, your read on her condition means nothing.
Re: Falsely Accused of Statutory Rape
No, he has not been charged yet. We received a document in the mail from an investigator (a third party family member had called us telling us she went to the cops, so is we received something, we would know what it was about). The doc. just stated that they wanted to "speak" with my husband (we've been warned about speaking to the cops).
Although I myself, do not have any medical type of doc. of her mental history, I'm assuming they could easily pull records? I do however have copies of emails of her harassing me.
I am aware that this still is within the SOL in Michigan, my question was if her taking 5 years to bring this up would interfere with the credibility of her accusation (IE- why did it take you so long to bring this up, or do something about it).
She also HAS tried to charge someone else with rape (when she was under the age of 10). I dont know the actual semantics of everything, BUT I DO know the accused DIDNT go to jail, IDK if that helps any!
This is simply an act of sick and twisted revenge, and my highest hopes it that the invest. see's this for what it is!! My husband and I are due to have our first child soon, and to be honest, this should be the happiest time of our life, and she's completely ruining it, she knows what she's doing, and what type of stress this puts on someone.! I'm a mess!!! He's also spoke about taking a private lie-detector test just in case, is this a good idea?
Re: Falsely Accused of Statutory Rape
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Quoting
Universal1411
No, he has not been charged yet. We received a document in the mail from an investigator (a third party family member had called us telling us she went to the cops, so is we received something, we would know what it was about). The doc. just stated that they wanted to "speak" with my husband (we've been warned about speaking to the cops).
Bring an attorney.
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Although I myself, do not have any medical type of doc. of her mental history, I'm assuming they could easily pull records?
Google "HIPAA".
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I do however have copies of emails of her harassing me.
Doesn't really have anything to do with your husband's case.
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I am aware that this still is within the SOL in Michigan, my question was if her taking 5 years to bring this up would interfere with the credibility of her accusation (IE- why did it take you so long to bring this up, or do something about it).
Many victims of sexual abuse wait years to report.
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She also HAS tried to charge someone else with rape (when she was under the age of 10). I dont know the actual semantics of everything, BUT I DO know the accused DIDNT go to jail, IDK if that helps any!
No.
why would it? Are you saying if she had been raped before that a rape now wouldn't matter?
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This is simply an act of sick and twisted revenge, and my highest hopes it that the invest. see's this for what it is!! My husband and I are due to have our first child soon, and to be honest, this should be the happiest time of our life, and she's completely ruining it, she knows what she's doing, and what type of stress this puts on someone.! I'm a mess!!! He's also spoke about taking a private lie-detector test just in case, is this a good idea?
Ask your attorney.
Re: Falsely Accused of Statutory Rape
Agree. Your husband needs to be talking to his attorney and ONLY his attorney before talking to anyone else or agreeing to any sort of interview or testing. Even him talking to YOU could mean YOU going on the stand.