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  1. #1

    Default Eighteen-Year-Old Charged With Felony Rape for Sex With a Minor

    My question involves criminal law for the state of: Ohio
    2 months after turning 18 I was charged with rape for consensual sex with my girl.
    I told the police about her other lover who w as 21 at the time and ended up on the same indictment as him as a co-defendant by the time it got to county jail.

    Upon arriving to city jail where i live I was presented a charge of rape. I come from a family that says to tell the truth so I wrote a statement saying that we had sex and mentioned her other lover who was 21 (who had sex with her long before me and secretly had sex with her in my house when I was gone to the store) in my statement.

    While waiting in city jail for my preliminary hearing an officer came to my cell with a waiver of preliminary hearing. My mom was seeking a lawyer so I was told not to do anything so when they asked me to sign it I said "no thanks".

    The police treated me very badly after refusing to waive my rights.(They knew if I would have made it to the preliminary hearing I would have been charged with a misdemeanor , not of a felony because the age difference was only 3 years) They let all the other prisoners out for snacks, television, & phone calls and told me and the other prisoners that I wasn't allowed out because I wasn't co-operating (I told on my co-defendant and gave a full statement) by signing my rights away.

    The juvenile detective had bullied me my entire teenage life and was happy to be the one to arrest & process me even though I was an adult. The detective came to my cell after his shift holding my statement in his hands and told me he was going downtown to visit his personal friend on the grand jury and they were going to get me.

    Days before I my preliminary hearing the detective came to my cell and told me you have been indicted and you are going downtown. When I got downtown I was indicted on 3 counts of rape with my co-defendant who was 21 charged with the same.
    Was this malicious prosecution?

    After 3 months in jail my co-defendant and I were offered 3 felony 4 charges that were probation-able.

    Me Age 18: Offered 3 reduced charges of : Sexual battery A-2

    Co-Defendant Age 21 : Offered 3 reduced charges of: Corruption of a minor.

    We were both given probation for 2 years. I violated probation because I couldn't get up at 8 am when they required me to get there. I was sentenced to 1 year time served 83 days.

    When I got out I was on parole/post-release control for 5 years. I reported until my po asked my why I violated probation. As soon as she heard my reason she made all my appointments at 8 am till I missed one and she violated me.

    I came out and was still on parole and this happened 2 more times till I was given a new charge of escape for not reporting. And the other time I given a new charge of not reporting as a sex offender (because I had a parole warrant)

    The last time out of prison I was given a new po who was nice enough to give me afternoon appointments. I completed parole in 2000. I was on the sex offend list till 2010.

    During my new charge of not reporting as a sex offender my court appointed lawyer told me that I could not legally be charged with sexual battery either because of the 3 year age difference. We were in front of the original sentencing judge who sent me to jail for violating my probation for one year. My lawyer told him it was not legal and he should drop all charges against me for not registering as a sex offender and all original charges of sexual battery since my crime was only a misdemeanor. He said no he would not go back on his ruling so I went back to prison.

    Outside of this vicious cycle of prosecution I have never been arrested. I have been out the system for 11 years. My public record shows my nolled rape charges. I want to move on with my life. I am interested in getting pardoned since I can't expunge sex charges in Ohio. What are my options? How easy is it to self file a motion to vacate guilty plea? I was charged in 1997. Please let me know thanks.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: I Was 18 She Was 15. Charged with F1 Rape in Ohio and Denied Priliminary Hearing

    If you knew of the 3 year difference rule, I don't know why you plead to a charge that would make you a registered sex offender. What the frack did your attorney do? Of course, you were a complete idiot for messing with a 15 yr.old. Really stupid mistake and you are paying for it.

    You have no chance whatsoever of getting a pardon. That idea is a complete joke. There is NO WAY to vacate a guilty plea after all these years. No way in any state at all. Here in Florida you have one or two years depending on the legal circumstances.

    Of course the judge was not going to change his ruling. As you were still under the authority of the court, he technically could have, but it never happens. Now, the court has no jurisdiction. The jurisdiction is long gone.

    What are your options? NONE! PERIOD!

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: I Was 18 She Was 15. Charged with F1 Rape in Ohio and Denied Priliminary Hearing

    I was raised to tell the truth too .. but I don't talk to cops. And for a honest guy, you tend to deal the justice system in earnest. You need legal consul, not a shoulder to cry on.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eighteen-Year-Old Charged With Felony Rape for Sex With a Minor

    It's not easy to successfully challenge a conviction many years after-the-fact, even with a lawyer skilled in seeking post-judgment relief. Your deadlines for challenging the original conviction and sentence expired many years ago. There are many legal and procedural hurdles to overcome. You can get back together with your lawyer and discuss how to appeal from the judge's prior denial of relief or, if possible, to again raise the issue and, if necessary, appeal.

    We have no way of knowing what your lawyer was thinking in relation to the original plea, but it's possible that the plea was the best reduction he could obtain from a prosecutor who was otherwise unwilling to reduce the extremely serious charges against you to a misdemeanor. What were the original charges?

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