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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Falsely Accused of Molestation

    My question involves criminal law for the state of: Oregon

    My husband has been accused of molesting ("unlawful touching below the waist") my daughter when she was 6. He is her stepfather and she is now 17. Having been molested as a child myself, I feel I was hyper-vigilant on this issue. And I absolutely believe he is innocent. There is no evidence except her "testimony", in which she really does not even remember the incident. This all came about while I myself was doing prison time on a theft charge and she was seeing a counselor. The counselor reported the "incident", but I believe my daughter is blaming her anger at me on anything else...and came up with this.

    There is a grand jury investigation next month. What do you think are the realities of this situation? What sort of sentence could he possibly be facing? What advice on how to keep an innocent man from being charged? My daughter and I are close, but this is NOT GOOD! He and I are getting divorced for unrelated reasons. I have been subpoenaed as a witness to the grand jury.

    Advice please????

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Falsely Accused

    your husband and you should not be speaking to anybody about this with the exception of his lawyer. Especially since you have been subpoenaed to the grand jury, you need to speak with a defense attorney now.


    As with any case such as this, there is no real way to determine if it will be prosecuted, what the charge might be and as a result, what punishment might be possible.

    Her testimony could be enough to convict. If she doesn't remember the situation, that would be good (for your husband) as she cannot accurately provide any additional information concerning the incident.

    and obviously even being hyper vigilant, if you were incarcerated, you have no way of actually knowing the truth about that specific incident by anything other than what you are told.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Falsely Accused

    Nobody here knows what happened - it wouldn't be right to speculate, either.

    I'm not sure how you can be so positive of his innocence when you don't know what happened either.

    All you can do is testify to what you know. Only then will charges be filed (or not, perhaps).

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Falsely Accused

    ORS § 40.255¹
    Rule 505. Husband-wife privilege
    (1) As used in this section, unless the context requires otherwise:
    (a) "Confidential communication" means a communication by a spouse to the other spouse and not intended to be disclosed to any other person.
    (b) "Marriage" means a marital relationship between husband and wife, legally recognized under the laws of this state.
    (2) In any civil or criminal action, a spouse has a privilege to refuse to disclose and to prevent the other spouse from disclosing any confidential communication made by one spouse to the other during the marriage. The privilege created by this subsection may be claimed by either spouse. The authority of the spouse to claim the privilege and the claiming of the privilege is presumed in the absence of evidence to the contrary.
    (3) In any criminal proceeding, neither spouse, during the marriage, shall be examined adversely against the other as to any other matter occurring during the marriage unless the spouse called as a witness consents to testify.
    (4) There is no privilege under this section:
    (a) In all criminal actions in which one spouse is charged with bigamy or with an offense or attempted offense against the person or property of the other spouse or of a child of either, or with an offense against the person or property of a third person committed in the course of committing or attempting to commit an offense against the other spouse;
    (b) As to matters occurring prior to the marriage; or
    (c) In any civil action where the spouses are adverse parties. [1981 c.892 §34; 1983 c.433 §1]
    you need to speak with a lawyer, asap.

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