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  1. #1
    Join Date
    Apr 2017
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    Default Accused of Sexual Assault Over an Incident Two Years Ago

    My question involves criminal law for the state of: Wisconsin
    I only have exactly two months left until I have completed my probation. A few days ago I revived a call from a detective saying he had a report from some girl that claimed I may or may not have raped her two years ago. This definitely did not happen I was never alone with this girl . I have my sister and friends as witnesses . The only thing this girl and I did that night was kiss, and it was definitely with her consent . I asked the detective what was gonna happen from there and he told me that he would type up my statement and probably close it , he also told me if he had any other questions he'd call . I have contacted my lawyer and he told me not to answer any more questions to anyone (not even my po) without him being present and I reported to my probation officer that I had police contact . My questions are will my probation most likely be revoked or extended ? Also what Is the probability of this case going to trial ? Someone told me since I'm on probation (involving lewd conduct) they may just take her word over mine even though it never happened!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Accused of Sexual Assault Over an Incident Two Years Ago

    We have no way of anticipating what your probation officer might do. If your probation officer believes the charge, it is possible that he will initiate revocation proceedings; he may also wait to see whether the police authorize a new criminal charge, or may simply choose to let your probation end. Your lawyer is in the best position to assess what your probation officer may do.

    Similarly, the question of whether charges are likey to be filed on the 'new' allegation, and what those charges may be, are questions you should pose to your lawyer. The exact charge that might be filed will depend upon the specific allegations being made. Also, you can discuss with your lawyer any facts or evidence that you believe weigh against your being charged.

    The allegation, "some girl that claimed I may or may not have raped her", is not a particularly compelling basis for a criminal charge -- if the alleged victim cannot state with reasonable certainty that the sexual assault occurred, in the absence of other corroborating evidence the prosecutor will not be able to prove a case beyond a reasonable doubt. One thing is certain: The officer is hoping that you'll make his life easy by making a self-incriminating statement or by confessing.

  3. #3
    Join Date
    Mar 2016
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    2,289

    Default Re: Accused of Sexual Assault Over an Incident Two Years Ago

    Quote Quoting 12574dave
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    My question involves criminal law for the state of: Wisconsin
    I only have exactly two months left until I have completed my probation. A few days ago I revived a call from a detective saying he had a report from some girl that claimed I may or may not have raped her two years ago. This definitely did not happen I was never alone with this girl . I have my sister and friends as witnesses . The only thing this girl and I did that night was kiss, and it was definitely with her consent . I asked the detective what was gonna happen from there and he told me that he would type up my statement and probably close it , he also told me if he had any other questions he'd call . I have contacted my lawyer and he told me not to answer any more questions to anyone (not even my po) without him being present and I reported to my probation officer that I had police contact . My questions are will my probation most likely be revoked or extended ? Also what Is the probability of this case going to trial ? Someone told me since I'm on probation (involving lewd conduct) they may just take her word over mine even though it never happened!
    No one can predict what will happen. You told your PO you had police contact and why you had it so I doubt that he or she will file to have it revoked unless you get charged with something.

    Two years later - I don't see any DA or county attorney filing charges on an alleged rape from two years ago. There's no physical evidence. Her word against yours. He said/she said don't tend to get too far from what I've seen. But the police have to investigate every allegation they get.

    You have a lawyer so why don't you just ask your lawyer all this stuff? Didn't he tell you not to talk to anyone else about this?

  4. #4

    Default Re: Accused of Sexual Assault Over an Incident Two Years Ago

    Quote Quoting qwaspolk69
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    . But the police have to investigate every allegation they get.
    My experience has been otherwise with this.

  5. #5
    Join Date
    Mar 2016
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    2,289

    Default Re: Accused of Sexual Assault Over an Incident Two Years Ago

    Quote Quoting zags4champs
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    My experience has been otherwise with this.
    Good for you. In the last few years, they investigate it. I was a victim advocate in the military for 2 1/2 years. The civilian police near the base I was at didn't do the best job of it but they investigated it. My first case I took a female soldier to the civilian police station (it happened off post) and the officer talked to her and then asked me out into the hallway. He said "Do you think she's telling the truth?" I said that's not my job to decide. That's your job. I'm here to help her and that's it. The civilian police closed it pretty quickly. CID investigated for about two months and closed it unsubstantiated - doesn't mean she was lying. They just didn't have enough evidence to push it forward.

    So in my experience the police investigate allegations and I think in the last few years yes they are supposed to investigate all reports of sexual assault. That doesn't mean they do a thorough job.

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