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  1. #1
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    Nov 2006
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    Default Aggravated Kidnapping and Sexual Battery

    During the summer I was domestically assaulted by my boyfriend, it was the first time. My parents made immediate action and made me go to the police. He was arrested for domestic assault and aggravated kidnapping. This happened in June. In September he went back to court and ended up being charged with esp. aggravated kidnapping & sexual battery. He has no previous records and he is only 21. I thought that him and his lawyer would try to make a plea by now, but it doesn't look that way, which sucks, because I don't want to testify again. Anyways, from the looks of it we will be going to trial, do you think he will have to go to jail with those chargers if charged? And if so for how long? When they arrested him on the day that it happened he admitted to everything and it is on tape.

  2. #2
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    Jul 2006
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    5,437

    Default Re: Esp. Aggravated Kidnapping & Sexual Battery

    ...Anyways [is this a real word?], from the looks of it we will be going to trial, do you think he will have to go to jail with those chargers if charged?...


    Let's hope for a long, long, long, long, LONG time!

  3. #3
    Join Date
    Jul 2006
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    984

    Default Re: Esp. Aggravated Kidnapping & Sexual Battery

    A taped confession normally results in some sort of conviction or plea bargin, however, there is a thing called due process which is his right, so things can take a while. How old are you and in what state did this happen?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Esp. Aggravated Kidnapping & Sexual Battery

    Laws vary by state, although those are serious charges. Your boyfriend can get an assessment of his likely penalty from his lawyer. You may be able to find out from the prosecutor, what the prosecutor's office believes to be a likely sentence.

  5. #5
    Join Date
    Oct 2006
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    THE DIRTY SOUTH!!
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    52

    Default Re: Esp. Aggravated Kidnapping & Sexual Battery

    Quote Quoting lbw
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    During the summer I was domestically assaulted by my boyfriend, it was the first time. My parents made immediate action and made me go to the police. He was arrested for domestic assault and aggravated kidnapping. This happened in June. In September he went back to court and ended up being charged with esp. aggravated kidnapping & sexual battery. He has no previous records and he is only 21. I thought that him and his lawyer would try to make a plea by now, but it doesn't look that way, which sucks, because I don't want to testify again. Anyways, from the looks of it we will be going to trial, do you think he will have to go to jail with those chargers if charged? And if so for how long? When they arrested him on the day that it happened he admitted to everything and it is on tape.
    A taped confession, while powerful on its face, has to be corroborated with other evidence such as photos of any injuries that you may have received, a police report from the first responders on the scene, a rape kit if it is a sexual battery, and various other types of evidence including, but not limited to, a statement from you.

    You sound as if you don't want him to go to jail. However, you must remember that, currently in most (if not ALL) states, you will not be the one charging him with this crime - it will be the "State of Wherever-It-Happened vs. The-Man-Who-Hurt-and-Disrespected-You". You will not be able to "drop the charges" against him since this is not a civil suit. For your sake, hopefully he will go to jail for a long time. A plea will only save you the trauma of going through a trial and may result in some of the lesser included offenses being thrown out. But law enforcement frowns on domestic violence - it is no longer something that will be downplayed as it was in the past, which resulted in the deaths of many woman (and men), not to mention children who got caught up in the violence. This is not one of those crimes where being a "first time offender" will get him a walk. Plus, he is facing other charges - aggravated kidnapping AND sexual battery - which are very serious.

    No matter what happens, we hope that you will not allow him into your life again. If he hurt you once, he will hurt you again. When he is finally released, even on bail, make sure that you have the court issue a protection order to keep him away from you. Don't fall for the "Oh, baby, baby, please, baby, baby! I'm sorry, baby. You know I love you, baby, and I will never, ever do that again, baby" crap. Professionals will tell you that is called "The Honeymoon Period". When he gets riled up again, the next beating will be much worse and you may not make it out alive. And don't hide it from your parents if he comes near you or puts his hand on you again. They sound like they are loving and supportive. Please, please, PLEASE be careful!!!!

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