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  1. #1
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    Nov 2008
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    Default Possible False Accusation of Sexual Abuse

    (attn: I know this is long, but its important to me, so please offer anything you can, and try to be understanding)

    My question involves defamation in the state of: MT

    First off let me state that what i am about to lay out here is not your typical case, certainly not cut and dry. There are currently three differant cases being persued by one person, whose motivation is personally questionable. The allegations are as follows: Statutory rape, Rape, and Sexual abuse. I will address each allegation, only the Sexual abuse case is related to me, but i believe them to be related as you will soon see. My cousin is the alleged rapist in both other allegations. I will keep this as simple and concise as possible.


    Statutory Rape: This allegation was filed nearly two years ago when my cousin was freshly 18, and a defense attorney was promptly hired. The allegation was filed by another family member on behalf of her daughter the alleged victim. As reported, My cousin, well call him C had been friends with a third cousin who we will call B. The two of them attended a movie on the night in question with some friends, the two decided that they did not like the movie and went for a "car ride". B proposes to C that they go to the local cemetary to park. While at the cemetary B and C are talking, and one of them, not known which, proposes to have intercourse. They both agree, and begin. This is where the stories differ, C says that B asked him to stop and he respected her wish and stopped without ejaculation. B says that when she asked C to stopped he wouldnt. C then drops B off at her home, and one month later charges are filed when the parent finds out about the action after overhearing a conversation between B and her friends.

    Note: C was freshly 18 B was 14 nearly 15. C was born early, thus he was born with complications such as missing an internal body part that caused him to be on life support and undergo surgery at a young age, as well as be fed through a tube. I mention this because his mental age has always been notably lagging in development, thus explaining why he was hanging out with her. At first hearing of this case, i believed it to be wrong, but consensual, and felt my cousin may have to face time. As the case has developed it looks more and more like he will be let go with a lessoned learned, and of course probation im sure. As the first case has developed into a losing case, the mother has done something to cause me to question her judgement completely, and her motive. I am left wondering if B has been pressured, brainwashed, or forced into making the first statement, and here is why.

    Rape: Cousin B happens to have a sister, we will call her A. A is the same age as C. As stated before, an accusation has been filed against C that he purportedly raped A at a family event four years prior when both parties were 15 possibly 16. It is alleged that C, A, and me were staying in a tent during this event where the allegation took place. A has written a statement that C raped her in the night, whilst i slept in the same tent. While i am sleeping she awakes to find C on top of her, C allegedly rapes A and she alleges that during the rape she screamed out to me for help. Although she claims before that i was sleeping, later in the statement she claims I witnessed the event, and did nothing to help her.

    Sexual abuse: The mother now claims that I have sexually abused C, and this in turn explains why he has raped A and B. I am not sure what evidence the mother thinks she has against me, but I know in my heart of hearts that I am incapable of the disgust that she has accused me of doing. I have nothing to hide, and couldnt even conceive something like this. After getting news of this allegation I am in strong questioning of her motives, and strongly believe that she has propigated her children to become tools for her own attention seeking nature. And here is why. Apparently this string of allegations is not her first, yet they are being allowed. She also claims that her ex husband molested both of her daughters, whome may have been coerced into testifying against him.

    If The first case i mentioned would have occured, and that was it, i would have been left with no other option but to love my cousin (C) that i grew up with and have been best friends with all my life, yet leave the deciding up to the courts. Now i feel i have no choice but to come to the conclusion that this woman needs serious medical attention, because I know what she filed against me was untrue, how do i know the rest isnt? The allegations against me will be proven untrue, obviously. This is my question. When the allegations are proven untrue, how do i go about legal recourse? Will the wrongful accusations have an affect on the other two cases? Will i have to pay out of pocket for this, or will i be reimbursed by her upon winning a case of legal recourse? I am now doubting that the first allegation even happened.She is on a war path to god knows where, and thats hell, and im not going down with her.

    Thanks everyone for your understanding, and help on this complicated, odd, and unexpected burden placed on my family.

    -Smartone

  2. #2
    Join Date
    Mar 2007
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    Default Re: Possible False Accusation of Sexual Abuse

    Statutory rape: I see a good case for the state. And, for that matter, Jerry Springer... but I digress.

    Lesson here? Don't schtup a 14 year old cousin. There is just so much wrong with that.

    Rape: Up to a court of law. Considering the obvious bent of C to use family reunions as dating opportunities, I give it a strong possibility.

    Sexual abuse: If the parties were adults and consenting, I don't see a case.

  3. #3
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    Mar 2007
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    Default Re: Possible False Accusation of Sexual Abuse

    Oh, and at the Thanksgiving table on Thursday, how about you start a family rule about, well, dating OUTSIDE the family?

  4. #4
    Join Date
    Jul 2008
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    471

    Default Re: Possible False Accusation of Sexual Abuse

    I'm with cyjeff on this one - With all that smoke there must be some fire. But even if they're true you still have the right to beat the charges in court so get specific questions and ask us again.

  5. #5
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    Default Re: Possible False Accusation of Sexual Abuse

    Ok now i am a very humorous question, so i can laugh with you when you make jokes about dating outside the family. When i first heard of the first allegation of statutory rape, knowing my cousin is mentally as old as a fourteen year old, i couldnt help but make fun of the situation despite its implication. But please understand, even in montana, lol, having sex with cousins is not standard practice :-).

    But i restate that these allegations are completely false, and i have no doubt that the allegations (against me) will be proven false. Again, i believe she intends to demonize me so that i will not be able to testify that i heard nothing during the trial.

    One other detail that i left out of this wacked out jerry springer episode is that the mother of these two girls had also filed charges against her ex husband for molesting the girls shortly after theyre divorce. Now im in no position to say that it didnt happen, but am i the only one who finds four sexually related cases filed by one woman slightly odd?

    These are my questions:
    1. What legal recourse do i have for the filing of a false statement against me?
    2.Will the finding of her false accusation have any effect on the mothers credibility, thus affecting one or both of the other cases?(Seems more like the second case than the first)
    3.Does my cousins mental stability, and learning disability have any affect on this case?
    4. What sort of funding will this require, and will i be able to recoup my legal costs?

    As a final note i will say this about my cousin, he may be slow and may have been unable to connect these people he just met, as members of the family. But even if he was able to do that, this kid cant lie for a sack of shit, lol. He studders, gets confused easily, and you can see right through him. So when he told me no he didnt do what he is accused of, i believe him. Maybe im naive, of course i want to believe him, but i would never stand for it if i had the slightest doubt that he had done this. But i suppose thats beside the point, i just dont want anyone here to think that this is just a sly kid trying to get away with murder.

  6. #6
    Join Date
    Mar 2007
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    9,096

    Default Re: Possible False Accusation of Sexual Abuse

    You are not listening.

    If your cousin had sex with a 14 year old, it is statutory rape. Period.

    The rape of your other cousin is for a court to decide.

    If your sexual abuse trial finds you innocent, then you can take mommy to civil court for damages.

  7. #7
    Join Date
    Nov 2008
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    Default Re: Possible False Accusation of Sexual Abuse

    I dont see how im not listening. I asked questions, and you answered them. Thank you. Im only commenting on other peoples comments in my reply. I find that people are so quick to believe the accuser in these types of cases. Well the fact is that we dont even know if there was even any sex that took place! It is possible that every event didnt happen, and there is some other motive, i dont know i wasnt there. Lastly IM NOT ON TRIAL FOR ANYTHING, i apologize when i said i was, that was a mistake, im human. It sounds like you think im some sick effed up person. Maybe it wasnt just a joke when you suggested we make a rule at thanksgiving about dating outside the family. This is exactley the thing that i have a case against, a sociopath(not you, the mother) making claims that hurt our family. This right after i just lost my grandfather, is not needed. How can everyone be so quick to believe the accuser? I can tell you i never in a million years expected to have to face this in my family, and i can see that compassion is lost amongst humankind, and it sickens me to know now, that if accused, you are guilty unless you can prove yourself innocent. Here,in the united states. I wouldnt wish this upon anyone, but put yourself in my cousins shoes, having to be guilty until proven innocent, because you live in a town so cut off from reality that someone cries wolf, and everyone believes them. He is mentally disabled for christs sake.

    I didnt come here for empathy, i came here for answers, which i already have. But i didnt expect for you people to side with anyone. I felt it necessary to explain my side, thats it. But i never said he had sex with her, i stated my opinion on the matter. Anyways thanks for the answers, i will not be returning to the board, my lawyer has already stated that i DO have a case against the woman, as well as stating that the statement from her will not hold up in court, nothing adds up. She reported the rape to her mother a month after it happened, and she did nothing, then comes out with it four years later. There is no evidence in her favor, and thats where it stands right now. And my cousin is WINNING the other case, im not sure why at this point because im not involved. So anyone who thought she should win, she isnt. Goodbye and goodbye again.

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