False rape charges-CA

[ametha1]

A close relative of mine was arrested in August in WI and extradited back to CA for a rape charge that occured in CA in July 2006. He is currently awaiting trial, out on bail. He has a public defender because a decent defense attorney in southern CA will cost him atleast $30,000. The female that accused him confessed in the preliminary hearing that she had taken several different medications(which she never told the police) and also admitted to lying several times to the police. Her statements are in general not consistent. Her clothes were not ripped or torn there were to signs of force. She called the police a week later so there was no rape kit. He claims to have had a one night stand with her and promised to call but never did. I've heard in the state of CA they send just about anyone to prison. In a he said she said case what are the chances of conviction? Do you think it's worth it to spend the money on a private attorney if it means not going to prison? Are we able to hire a private investigator to follow her to see what type of person she is (liar, drug addict,etc)? Any advice is appreciated.

 

[ametha1]

On a side note he asked his attorney if they could request they take some sort of psych exam and his attorney said it was against the law. So this person could be a total nut, mentally ill and not even knowing what she is saying and her testimony could get someone sent to prison for seven years for rape?

 

[CdwJava]

He has a public defender because a decent defense attorney in southern CA will cost him atleast $30,000.

That seems a tad steep ... maybe he shouldn't be looking at the Cadillac of attorneys.

The female that accused him confessed in the preliminary hearing that she had taken several different medications(which she never told the police) and also admitted to lying several times to the police. Her statements are in general not consistent.

That might play in his favor at trial.

Her clothes were not ripped or torn there were to signs of force.

Not required that they be ripped or torn. Most rapes I have investigated do not involved ripped clothing. The key is how the non-consensual act was said to have occurred. Note that it is also rape to take advantage of someone who is impaired by the use of medication,drugs or alcohol. Perhaps THAT is what this is about and not brute force.

She called the police a week later so there was no rape kit.

Sadly, very common. Most rapes are NOT reported in a timely manner.

He claims to have had a one night stand with her and promised to call but never did. I've heard in the state of CA they send just about anyone to prison.

No, they can't. You have to be convicted of a serious felony, first.

In a he said she said case what are the chances of conviction?

Slim. Which is why I suspect there is more than just her word against his. I doubt that ANY DA is going to pursue a rape case with an out of state suspect with only the claim of the victim. Something else came up in the investigation, I can almost guarantee it.

Do you think it's worth it to spend the money on a private attorney if it means not going to prison?

That's up to him. However, if he has the means to hire a private attorney, how in the heck did he qualify for a public defender? Did he lie to the court about his wealth, income, or assets?

Are we able to hire a private investigator to follow her to see what type of person she is (liar, drug addict,etc)? Any advice is appreciated.

You can, but her character will not be an element of the case. By law, her activities unrelated to the rape are generally not going to be permitted in at court ... she could be a drug addict and a whore, but this may not be allowed in at all ... depending on the reasons his attorney might want to admit it.

A decent defense attorney will likely hire a P.I. to do some digging anyway. Even the info that cannot be brought up directly in court can sometimes prove useful to the defense.

But, it is very unlikely that the DA is pursuing this based solely on her claim. I cannot imagine that happening. So, unless you have seen the entire report and all the witnesses the state wishes to call, then I suspect there is something more to this case ... or, maybe, your friend is giving you a slightly different version of events than what really happened.

- Carl

 

[CdwJava]

To reference the original poster, can he sue the person for emotional injuries and loss of livelihood, because techinally being sent to prison does cause someone to lose their livelihood and causes emotional injuries.

If it can be proven that his accuser intentionally made a knowingly false claim against the defendant, sure ... but, if the accuser has no money, what would be the point?

- Carl

 

[ametha1]

Slim. Which is why I suspect there is more than just her word against his. I doubt that ANY DA is going to pursue a rape case with an out of state suspect with only the claim of the victim. Something else came up in the investigation, I can almost guarantee it.


But, it is very unlikely that the DA is pursuing this based solely on her claim. I cannot imagine that happening. So, unless you have seen the entire report and all the witnesses the state wishes to call, then I suspect there is something more to this case ... or, maybe, your friend is giving you a slightly different version of events than what really happened.

I have read the entire police report and transcript from the preliminary trial . There is no more to this case then what I already stated. She talks at the preliminary hearing that she lied to the police and that she had taken several different medications. She says she was awake during the whole thing. I don't know what else could be involved in this case. He has no history of this or any other violent crimes. There are no other witnesses, etc. Please advise

 

[CdwJava]

I have read the entire police report and transcript from the preliminary trial .

The preliminary exam does not require that all the evidence be presented - only that the state establish that there is probable cause to believe that a crime was committed and that the defendant committed the crime. It's not all that high a threshold.

There is no more to this case then what I already stated.

I can't imagine that is entirely true. If it is, then the case will never get past a jury unless your friend is a serial rapist or something.

She talks at the preliminary hearing that she lied to the police and that she had taken several different medications. She says she was awake during the whole thing.

So, why are they calling this rape? Are they alleging force? A threat? That she was impaired by drugs or alcohol?

It is not rape in CA to have sex with a woman ... obviously, some allegation of force, fear, or impairment exists here.

Uh ... is the victim under the age of 18 or mentally impaired by handicap or ailment?

I know of no DA that would pursue a rape case with no evidence or investigation that lends something more to the matter.

- Carl

 

[ametha1]

Carl,

She stated in the prelim that he did in fact hold her down and rape her, there were not threats, he just took her clothes off while on top of her. I see what you mean that there could be other evidence not presented in the prelim, but what could there possibly be? His attorney told us herself that there is no other evidence against him and that they really have no case. But it is a chargeable case because her word alone is enough to charge and convict in CA. Please advise

 

[Just Blue]

Carl,

She stated in the prelim that he did in fact hold her down and rape her, there were not threats, he just took her clothes off while on top of her. I see what you mean that there could be other evidence not presented in the prelim, but what could there possibly be? His attorney told us herself that there is no other evidence against him and that they really have no case. But it is a chargeable case because her word alone is enough to charge and convict in CA. Please advise

How old is the victim?

 

[CdwJava]

While the victim's word CAN (in theory) be sufficinet to convict, I have never been involved or personally aware of a case where that has happened. She must be very credible to the DA, or he must be ver UN-credible.

If your friend does not make a deal, or there really is no evidence, they may just drop the matter.

Oh ... again, how old is the victim, and is the victim otherwise "special" (mentally incapacitated, a senior citizen, etc.).

- Carl

 

[ametha1]

She is 55 and it has not been presented that she is in any way "special". That is why I wanted to find out about her background. Is this common in CA to arrest people on charges like this and just hope they take a plea?

 

[CdwJava]

She is 55 and it has not been presented that she is in any way "special". That is why I wanted to find out about her background.

By law, her "background" will not generally be allowed in at trial to impugn her.

How old is her attacker? If he is a kid or a young twenty-something, then I think I see why the DA might be pursuing this.

What prior relationship did they have? How long have they known each other?

All these things can play into the decision. What might not be consequential to you may well be consequential to a prosecutor and a court.

Is this common in CA to arrest people on charges like this and just hope they take a plea?

Not common, but it does happen. A person can be arrested for probable cause (which is a relatively low threshold of proof), but proof at trial has to meet a higher standard beyond a reasonable doubt.

- Carl

 

[ametha1]

Her 'attacker' is 45. They met that night at a convenience store. They went back to her house with another female that she was with. They sat around for hours playing cards the other female got up and left and then they had sex. She gave him her number(which he can't find since it was a year ago) and he promised to call, which of course he never did.

If the prosecution had other evidence besides her word alone by law when do they have to make it available to the prosecution?

Also, I'm not sure how the prosecution could find him really discredible seeing as he has no record besides a misdemeanor posession charge(she has one also). Or how they could find her very credible considering it is actually written in the police report that she was caught in several small lies and she also admitted on the stand that she lied. I would think that her deciding to come out at the prelim that she had taken more than twice the prescribed dosage on her meds a big factor to her credibility.

 

[CavemanLawyer]

Well I'm going to disagree with CdwJava on this one. I worked in the sex crimes division of the DA's office for several years and I'd say that in about 75% of cases all we ever had was the word of the victim, unless the Defendant gave us something post-arrest.

Anal and vaginal tissue is some of the fastest healing tissue on the body so unless an exam is done within 24 to 48 hours, any medical evidence of trauma is going to be lost. Even with very violent rapes, there still may not be any vaginal tearing if the woman is not a virgin. Even if semen or other DNA is recovered from the sexual organ or from clothing, it rarely gives us enough loci to get a positive match. In any case, charges are usually filed before DNA results or even the medical come back. Probable cause is a very low burden that can easily be met with the complaint of a credible victim.

The only cases we really have direct evidence on are stranger encounters, which are relatively rare. In these cases if you find a hair then that places the suspect at the scene, which is hard to explain away. But most cases involve someone the victim knew so its not uncommon to find that person's hair and dna on or near them.

Slightly delayed outcries (day or two) are common in adults and some even wait months or years. And children especially will wait many years before telling anyone. So in the average case, there really isn't much evidence other than the victim's complaint, at least not when charges are initially filed.

Sex crimes are incredibly difficult to prove. If the victim is recanting like this woman, than I'd say the State is going to have a hard time proceeding.

 

[ametha1]

CaveMan Lawyer....thanks for the post. I wouldn't say she is necessarily recanting her story as she still claims to have been raped it's just details of the event keep changing. Based on the facts alone it seems unlikely that a conviction could occur but there is that small chance that a jury could actually convict. The only possible thing that I can think of is that the DA knows that he really doesn't have a case and will offer him plea bargain and just hope he takes it.

 

[mike_lee]

Do you think it's worth it to spend the money on a private attorney if it means not going to prison?

Are you kidding? Of course it's worth every penny you have or will earn for the next 7 years. I'd sell my ass on Fremont street before I walked into a rape trial with a PD.

well i dropped thirty grand on the nugget slots,
i had to sell my ass on fremont street,
and the drummer said there's sanctuary,
over at the bagdad room, -Tom Waites-