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  1. #1

    Default Accusation of Sexual Contact with a Minor

    My question involves criminal law for the state of: South Dakota. My husband has been accused of Sexual Contact with a Minor. We had gone out and left my children with a sitter who was the daughter of a friend, and worked with my husband. When we came home I went to the restroom and to check on my daughter, I was intoxicated(it was my birthday)and my husband was sligtly so. I was in the restroom while the supposed incident was taking place. She says that they made out for a whle then moved to our room where he proceded to give her weed. She alleges that he dry humped her and rubbed his penis on her butt and thys, all the while telling her that if they had sex it would be amazing.
    There was more to her alligations but that is basically it. I am not privi to all of the information being as it is my husband faced with the charges and Im getting this information second hand. I have two small children at home and I am wondering what I should expect. I was in the home but as I said I was not in the room at the time she says the offences accoured.
    The thing is she waited four months to say anything about this and she was in a drug treatment facility when she did come out with it. She cotinued to stay working for him for months after this supposed incident happened, while changing parts of her story. It has now been five months since he was initally questioned and they are just now filing charges. I am not sure what to expect, the person who questioned my husband said that there is absolutley no evidence in the case. It is just his word against hers.
    I am at a loss here I am not sure what could come of this. What could happen to him if he is found guilty? How is this going to affect me and my children? What should I be prepared for?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    Your husband needs to speak with an attorney, and only an attorney, about this.

    What statute has he been charged under?

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    What could happen to him if he is found guilty?
    Worst case scenario? Prison and sex offender registration.

    This is bad. As Doggie notes, your husband needs to speak with a competent attorney, and NO ONE ELSE.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    Your husband needs to talk to a good criminal attorney who specializes in this type of law.

    You need to talk to a good divorce attorney.

  5. #5

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    I am not exactly sure what statute he has been charged under. We haven't been to court yet and he works out of state. He will be home in a week and they want him to turn himself in. He has a $50,000 bail and a five thousand dollar bond, they want his parents to put up their cars and his brother to put up his house as well as my $5,000. I can't afford this as I said before I have two small children. Is there any chance that they will reliece him ROR or atleast lower his bail when he dose go to court?

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    Is there any chance that they will reliece him ROR or atleast lower his bail when he dose go to court?
    This is EXTREMELY unlikely.

  7. #7

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    How likely is it that we will be able to prove his innocence if it is just his word against hers? He has no history of this kind of thing and he has no prior felonies. He has a couple of DUI's and a contributing to minors charge from four or five years ago. I was in the house at the time but I was intoxicated and in the restroom when the supposed incodent occoured. I am clueless, I have never had to deal with anything like this before. I have stayed out of trouble and never had anyone I know who has had to deal with something like this.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    I cannot emphasize this enough.

    Your husband needs a lawyer yesterday, and he needs to ask all these questions of his lawyer. We do not know what evidence there is; we cannot make guesses as to "how likely" anything might be.

    HE NEEDS A LAWYER. NOW.

  9. #9

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    I am currently searching for a lawyer but I'm not quite sure what to look for. My husband works out of state and I want to have a lwayer before he comes home so we can get on this right away. What should I be looking for? I don't have much money and I'm not sure I can afford an expensive defence lawyer, is a public defender going to work hard for him? I'm trying to do what I can but my information is limited there is only so much that they can tell me about his case. Basically nothing, so I have contacted the officer who origionally came to me looking for my husband to see if he can even give me a list of the exact charges and he hasn't gotten back to me yet. Is there anything I can do to get more information on his case?

  10. #10
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Should I Expect My Husband Has Been Accused of Sexual Contact with a Minor

    Quote Quoting concernedwife
    View Post
    I am currently searching for a lawyer but I'm not quite sure what to look for. My husband works out of state and I want to have a lwayer before he comes home so we can get on this right away. What should I be looking for? I don't have much money and I'm not sure I can afford an expensive defence lawyer, is a public defender going to work hard for him? I'm trying to do what I can but my information is limited there is only so much that they can tell me about his case. Basically nothing, so I have contacted the officer who origionally came to me looking for my husband to see if he can even give me a list of the exact charges and he hasn't gotten back to me yet. Is there anything I can do to get more information on his case?
    Please keep in mind that your husband is not likely to be able to keep that out of state job. If he is given bail then its likely that he will be required to remain in the state and probably even in the county.

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