Results 1 to 2 of 2
  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Exclamation My Boyfriend is Being Falsely Accusing of Raping a Girl

    My question involves criminal law for the state of: California

    My boyfriend is currently being held in the county jail to appear at his court hearing tomorrow. He is being charged with PC 261(A)(2) Felony... just recently ANOTHER charge was added to his case which is PC 1203.2(A) Misdemeanor REVOCATION OF PROBATION.

    Since he has been in jail since Sunday, the girl who is pressing charges against him (she is 16 he is 19) has been rallying around as many witnesses that they can get their hands on ... in the mean time he is stuck in jail unable to do much of anything! My boyfriend does not have any money for an attorney. I don't even think he has spoken with an attorney while he has been in jail. However, it is vital for him to run an investigation on his behalf because the accusations against him are FALSE!!! With a public defender, would he still be able to request things such as a polygraph in order to prove his innocence? With a case such as this it is extremely hard because it is purely a "he-said-she-said" ordeal. They recently matched sperm on the alleged victims pants to my boyfriends but he has stated that it was from her performing oral sex on him. Is this sufficient enough evidence to convict someone of something as violent as rape?!? I am completely in the dark and I feel totally at a loss with this situation but would like to help him any way I can if that is even possible.... Myself and some other people are witnesses to hearing the girl's mother asking for money and making threats to my boyfriend 2 months prior when all of this arose. Who can we get ahold of to make statements on behalf of his defense? Does anyone have any advice?

    Does this recent charge of "revocation of probation" lessen his chance for O.R. tomorrow at his court hearing? He is already facing jail time on November 4th for pleading guilty to assault a few weeks prior.

  2. #2
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
    Posts
    1,211

    Default Re: My Boyfriend is Being Falsely Accusing of Raping a Girl

    Quote Quoting ChaniseCC
    View Post
    My question involves criminal law for the state of: California

    My boyfriend is currently being held in the county jail to appear at his court hearing tomorrow. He is being charged with PC 261(A)(2) Felony... just recently ANOTHER charge was added to his case which is PC 1203.2(A) Misdemeanor REVOCATION OF PROBATION.

    Since he has been in jail since Sunday, the girl who is pressing charges against him (she is 16 he is 19) has been rallying around as many witnesses that they can get their hands on ... in the mean time he is stuck in jail unable to do much of anything! My boyfriend does not have any money for an attorney. I don't even think he has spoken with an attorney while he has been in jail. However, it is vital for him to run an investigation on his behalf because the accusations against him are FALSE!!! With a public defender, would he still be able to request things such as a polygraph in order to prove his innocence? With a case such as this it is extremely hard because it is purely a "he-said-she-said" ordeal. They recently matched sperm on the alleged victims pants to my boyfriends but he has stated that it was from her performing oral sex on him. Is this sufficient enough evidence to convict someone of something as violent as rape?!? I am completely in the dark and I feel totally at a loss with this situation but would like to help him any way I can if that is even possible.... Myself and some other people are witnesses to hearing the girl's mother asking for money and making threats to my boyfriend 2 months prior when all of this arose. Who can we get ahold of to make statements on behalf of his defense? Does anyone have any advice?

    Does this recent charge of "revocation of probation" lessen his chance for O.R. tomorrow at his court hearing? He is already facing jail time on November 4th for pleading guilty to assault a few weeks prior.
    Well, having additional charges isn't exactly going to make a judge more likely to not impose bail.

    His PD can talk to the prosecutor about using a polygraph to support your man's assertion it was consensual sex, but it won't be admissible in court.

    It isn't completely he said/she said. His sperm was found on her, or her clothes. It's completely he said/she said if there's no evidence putting them together, let alone proving they did the deed.

    For the rest of it, he'll have an attorney who will be best able to answer his questions as the PD will have access to all the facts in the case that you haven't included here.



    He should have a public defender at some point in time. He'll be able to bring that up at his arraignment. Until then, he needs to be quiet and just deal with being in jail as well as possible. That means no talking to his cell mates about it, no talking to the cops.

    Since he'll be getting an attorney, most of what you're asking here will be cleared up that attorney.

    1. Sponsored Links
       

Similar Threads

  1. Former Employer Accusing Me of Fraud
    By lordjedi in forum Independent Contractors
    Replies: 2
    Last Post: 10-05-2010, 09:30 PM
  2. Defamation: Neighbor Accusing My Mom
    By steadybdub in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 07-22-2009, 08:43 AM
  3. Defamation: Ex-Husband Accusing Me
    By bryantx2 in forum Defamation, Slander And Libel
    Replies: 3
    Last Post: 11-06-2008, 11:23 AM
  4. Defamation: Husband's Ex Accusing Me Falsely of Criminal Acts
    By the_new_wife in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 10-07-2008, 07:03 PM
  5. Defamation: Wife Falsely Accusing Me Of Domestic Violence
    By duwell in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 03-21-2008, 10:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources