Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2015
    Posts
    2

    Default Using the Victim's Past Conduct to Dispute a Sexual Assault Accusation

    Two 17yr old girls have a track record of escape (minimal security), drunkenness, and sexual exploits. They escaped recently the other night, got drunk, made a false sex assault charge, and bragged about exploits to other residents. To what extent can the habits and practices (records and eyewitness accounts) of the "underage" girls (one now 18) be accessed and presented in a trial?

    Thanks for any thoughts.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    Laws vary by state. You haven't mentioned the state you are in.

    Depending on what these records and/or reports are, and who holds them, the state might have to get a court order to obtain them but only if they might directly relate to whatever the offense(s) might be that they currently face. Or, their past "exploits" may not be relevant at all to the current charges. Difficult to say.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    It also matters if any of the court cases carried over to the age of 18 before resolution.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    Quote Quoting Disagreeable
    View Post
    It also matters if any of the court cases carried over to the age of 18 before resolution.
    And whether initiated as juvenile or adult proceedings.

  5. #5
    Join Date
    Feb 2015
    Posts
    2

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    Thank-you for your time. The state is Colorado. The attorney says the way the law is written, there can be almost no access to the background/habits/practices of the accusers (age 17 when claiming the crime), and gaining information to prove lax security at the facility will also be a challenge. Charges were filed when accusers were 17. One is now 18, and there hasn't been a response by the defense yet... accept plea or go to trial. It is the defense that would like to present the relevant background information of the accusers. Thanks again for any insight/advice on what is possible.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    How is "lax security" going to play into anything? If he escaped, HE chose that path. The fact that he had an opportunity doesn't mitigate his blame at all.

    And who are these accusers? And what is he being accused of?

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: To What Extent Can Records/Evidence of Teen Criminal Past Be Accessed

    Quote Quoting Mtnfather
    View Post
    Thank-you for your time. The state is Colorado. The attorney says the way the law is written, there can be almost no access to the background/habits/practices of the accusers (age 17 when claiming the crime), and gaining information to prove lax security at the facility will also be a challenge. Charges were filed when accusers were 17. One is now 18, and there hasn't been a response by the defense yet... accept plea or go to trial. It is the defense that would like to present the relevant background information of the accusers. Thanks again for any insight/advice on what is possible.
    what does the lax security have to do with anything? I'll tell you; nothing.


    the only possible relevant details from prior incidents are if they have been known to make false accusations against others. It doesn't matter if they had sex with the local high school football squad on a daily basis. It doesn't matter if they advertised that on the front page of the local newspaper.

    You are talking about what you claim to be a false allegation against another party so, do you have anything to support a claim these girls are known to falsely accuse people of molesting them?

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Accusation of Sexual Assault While on Sex Offender Probation
    By macseven6 in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 03-03-2014, 08:54 PM
  2. Probation and Parole: Can You Appeal a Past Conviction of Criminal Sexual Conduct As a Juvenile
    By hailkatya in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 07-10-2012, 10:06 AM
  3. Other Injuries: Civil Suit for Victim After Sexual Assault
    By ddb1970 in forum Accidents and Injuries
    Replies: 1
    Last Post: 05-18-2010, 06:12 AM
  4. Sexual Assault Victim Arrested After Assault by Atlanta PD
    By cry4help in forum Police Investigations
    Replies: 1
    Last Post: 08-14-2008, 12:32 AM
  5. Sex Offenses: Harassment After Accusation Of Sexual Assault
    By going_insanse in forum Criminal Charges
    Replies: 1
    Last Post: 03-28-2008, 03:42 PM
 
 
Sponsored Links

Legal Help, Information and Resources