Boyfriend Accuse of Statutory Rape: 'Victim' denies.

[TiredNeedPeace]

State: Florida
Not sure if this is the forum I post this to, but:


Hi, the guardian of my niece is accusing my boyfriend of statutory rape against my 15 year old niece. My niece and boyfriend both deny anything has happened between them, but the guardian states she has recorded evidence of a sexual relationship between them. I'm curious about if this is admissible evidence, since he has never consented to her recording any conversation, he does not speak to the guardian, and she has admitted to stalking me before (as well as consistently harassed us both, and threatened our lives). I want to find out what I can, because this woman has made plenty of allegations against both him and myself, and even tried to file a case of domestic relationship battery against him (stating he's harmed or attempted to harm her).

I just want to find out, if she does have recordings (real or concocted), can this be used: 1) without his consent to having been recorded, and 2) if the minor denies all claims of a sexual relationship?

Also given that she is just now coming up with this evidence, after he's been in two different facilities for mental health, where she would not have access to him to obtain this 'evidence.' As well, she is just coming up with this as his court case for 'aiding a runaway' is close to closing.

~On a side note, before anyone jumps on his 'mental health' as automatic 'guilty,' when he was a child, his mother killed herself, so he has issues that were never resolved because his father never got him counseling. Now, with the harassment and threats at not only his, but MY life, he has become paranoid, anxious, boreder-line agoraphobic, and can't be alone for fear that an anxiety attack will make his suicidal thought process strong enough for him to harm himself. He has never had any intentions of harming my niece, only helping her when she claimed that her guardian was abusive, but was too afraid that nobody would believe her so she ran away. He only got arrested for 'interfering with child custody' because he picked my niece up when she ran away, so she wouldn't be on the street, and tried to get her and the guardian to talk it through. The guardian did not take well to getting help 'parenting' my niece, so she had him arrested and tried to claim battery from him on herself.

 

[CdwJava]

Since no one appears to know anything about these recordings, there is no way to determine if they can be admissible at all. But, that's neither here nor there.

If your boyfriend is contacted by the police, he can choose to either NOT speak with them, or provide them with a statement - presumably denying any sexual dalliance. Only HE knows whether such an act did or did not occur. YOU have no dog in this fight and can do nothing unless you are also accused of a crime or called as a witness.

Can your boyfriend be charged with a crime? Depending on the evidence, sure! Being accused or charged is not the same as convicted. Without knowing what evidence might exist, there's no way to say. And, all because the guardian alleges to have reported this does not mean it is true. Until the police come calling, there is nothing for him to worry about.

 

[TiredNeedPeace]

Thank you for the quick reply. I am contacting family that has been very good at staying unbiased that I know the guardian has spoken to, to see if they have heard or seen anything of this 'evidence.' I can't see the guardian actually having anything real (maybe concocted) since she's waited over two months since the last time she's threatened to have 'evidence' written by my niece (which still has never shown up to this date, and denied by my niece). IF she's had this evidence, why wait so long, and why keep gloating and threatening, rather than turn it over to the police.

I will try to speak with my boyfriend more on getting a lawyer consultation to find out if there has been anything submitted against him, and make sure that someone with understanding of technology verifies the accuracy of said 'evidence.'

 

[CdwJava]

Until it is actually evidence, there is nothing to evaluate. She can say she has a recording all day, every day, and no one will be able to review it until it is turned over to the police and used as evidence or seized for some other legal process.

For now, if the police are not involved, a free consultation with an attorney might be the only thing he needs to do. And he shouldn't talk about this to anyone - including you, because anyone else he talks to could be compelled to testify against him.

 

[TiredNeedPeace]

Thank you for that information. I will let him know to find a lawyer for consultation. I will also let him know of the advice I've found here, thank you.