How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jury
:confused:My question involves criminal law for the state of: New york
My brother was charge with 1 count of 1st degree rape, and 1count of 3rd degree rape, by his girlfriend while she was sleeping. He was arrested in oct. and is still in jail. He plead not guilty, and is taking this to trial. It went in front of the grandjury last week, and they indicted him on 2 counts on 1st degree and 2 count of 3rd degree. How can they do that? The dated from when he was first charged are now different the dated the grandjury indicted on,HOW? Please help me. She didnt have no rape kit, continued to stay with after the first, and after the supposley 2nd time. She was sleeping i guess and he woke up and started having sex, and she said no. Thats happen to me I don't know how many times with my husband but I didn't cry rape. My brother is looking at life in prision and hes only 30 yrs old. Please help me understand this
Thank you,
Re: How Can Someone Be Charged with One Thing then Charged Differentlt from Grandjury
The best thing you can do for your brother is raise funds, because this charge can be beat. A good lawyer can skirt rape shield laws and tear the womans credibility up.
As for the grand jury, a grand jury is a group of normal people like you, who sit on a panel. The prosecutor reads charges and then asks for an indictment. The jury can decide charges are not warranted and chose not to indict, but that almost never happens. They are a rubber stamp for the prosecution.They are claiming he did it twice.
How did he come to be arrested in the first place? If this was his girlfriend what changed so drastically? If I were you I'd find out the real deal lest you stick up for him and it turns out he's guilty.
Things like inconsistent dates are just what you want. If she can't remember when it happened, maybe she can't remember agreeing. If she takes Ambian for sleep that's a major deal in his favor, (you can't recall anything you did when on it)etc etc.
Re: How Can Someone Be Charged with One Thing then Charged Differentlt from Grandjury
He ended up ging to mental health from a overdose on some of her meds. on day, he did that to see if she really cared because she was out drinking the night before when he was home with her kid. So he ened up at the mental health, and she went down the next day and press charges on him, and they found out when he getting out of there and meant him there and arrested him.not sure if she took anything for sleep but do know she was on lexapro, valium, which she did state she took after drinking before she went to bed. He has a pretty good court appointed lawyer at this time, and I feel he's doing a good job right now and so doesn't my brother and the rest of the family. Hopefully trial will start now. I'm trying to do everything for him that i can. Thanks:confused:
Re: How Can Someone Be Charged with One Thing then Charged Differentlt from Grandjury
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kist
The best thing you can do for your brother is raise funds, because this charge can be beat. A good lawyer can skirt rape shield laws and tear the womans credibility up.
What does "rape shield" have to do with anything alleged here? What evidence are you imagining might exist, and what legal path are you speculating for the admission of the imaginary evidence?
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kist
If she takes Ambian for sleep that's a major deal in his favor, (you can't recall anything you did when on it)etc etc.
That's not accurate, either, but apparently also not an issue.
Re: How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jur
WOW, I'm totally lost here, what are we talking about, Mr. Knowitall
Re: How Can Someone Be Charged with One Thing then Charged Differentlt from Grandjury
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Mr. Knowitall
What does "rape shield" have to do with anything alleged here? What evidence are you imagining might exist, and what legal path are you speculating for the admission of the imaginary evidence?
What are you kidding? Everytime defense mentions their past sexual relationship there will be an objection.
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That's not accurate, either, but apparently also not an issue.
Ambian is known to produce sleep sex, memory loss, sleep walking and sleep driving. (I did this and it was scary)
Re: How Can Someone Be Charged with One Thing then Charged Differentlt from Grandjury
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modlite
He ended up ging to mental health from a overdose on some of her meds. on day, he did that to see if she really cared . . .
Bullshit. He doesn't have to be perfect none of us are so don't make up excuses for him. It's better for him, and you, to start being honest. Trying to deify someone accused of a crime almost always backfires.
Re: How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jur
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kist
What are you kidding? Everytime defense mentions their past sexual relationship there will be an objection.
No kidding. Because, rape shield or no, it's irrelevant. Where can we find even a slight hint that the alleged victim's prior sexual behavior is relevant to this charge?
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Quoting kist
Ambian is known to produce sleep sex, memory loss, sleep walking and sleep driving. (I did this and it was scary)
It produces memory problems in some people. It produces "sleep walking"-type behaviors in a tiny number of people when used properly. The majority of problems are associated with misuse and abuse, typically combining Ambien with other drugs or alcohol, taking more than a prescribed dose, or taking it then not going to sleep. Millions of people take Ambien without incident. But again, your speculation aside, Ambien has nothing to do with this thread.
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kist
Bullshit. He doesn't have to be perfect none of us are so don't make up excuses for him. It's better for him, and you, to start being honest. Trying to deify someone accused of a crime almost always backfires.
I expect the prosecutor's version will be that he was stricken by remorse and/or fear of going to prison.
Re: How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jur
Sorry if I have offended anyone here. Just trying to figure out whats going on here with your guys comments. Trust me If I really thought my brother was really guilty I wouldn't being trying to drive myself crazy everyday trying fin out whats what. I know my husband has started having sex with me while i'll was sleeping because he was horny and I would tell him NO, or not now or I'm tired and he has continued thats part of a relationship. I never once cryed rape like my brothers girlfriend. I just trying to get any help I can here, so i can see the picture better, Sorry once :confused:
Re: How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jur
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modlite
Sorry if I have offended anyone here. Just trying to figure out whats going on here with your guys comments. Trust me If I really thought my brother was really guilty I wouldn't being trying to drive myself crazy everyday trying fin out whats what. I know my husband has started having sex with me while i'll was sleeping because he was horny and I would tell him NO, or not now or I'm tired and he has continued thats part of a relationship. I never once cryed rape like my brothers girlfriend. I just trying to get any help I can here, so i can see the picture better, Sorry once :confused:
When the behavior happens to you and you consent, there's not an issue. Technically, if a person can't give consent (like being asleep) and you start having sex with them, that's rape, by definition. Once you're awake enough to give consent and allow things to continue without objection, no prosecutor is going to bother with it. However, in this case, the act started without consent, and the victim, once able to voice consent or objection, gave objection. Ergo, we have rape. Now, with that said, states differ widely on how their laws address sex between married couples - some state have crappy laws that basically turn wives into free for alls, others don't recognize husbandly rights to sex with their wives at all and will prosecute even during marriage, and some fall in between - outlining that there's no crime of rape unless the parties have been legally separated. In this case, none of that applies since the parties aren't married. If she says no or stop, and activity continues, that's enough to meet the elements of the crime.
Yes, this case could have issues in that the victim continued the relationship after the incident (at least one), and that may or may not damage her credibility. However, there are MANY reasons why victims of crimes might choose to placate a perp and continue the relationship, delay reporting, etc. and any prosecutor who has ever attended any training on victimology or has an advocacy adjunct to assist or advise them in sexual assault cases should have at least even odds of surmounting defenses like "well she didn't report it until later", or, "but she slept with him again after", or similar statements (none of which change a rape to a non-rape).
Re: How Can Someone Be Charged with One Thing then Charged Differently by a Grand Jur
It sounds like we have a situation where the defendant was initially picked up on a set of charges, but that a grand jury returned a superseding indictment based upon evidence presented to it by the prosecutor.
A "rape kit" isn't needed when there's no dispute as to whether or not sex occurred with the defendant. Here, from what you say, the issue is whether or not admitted sexual contact was consensual.