raped, the accused of purgery

[Navyworried]

What is the name of your state? My Navy daughter was raped and is now being charged with perjury. I don't know the details or what evidence is available. I don't believe the rape hearing has taken place. What type of evidence could they possibly have? Her military lawyer is advising her to plead quilty. I know she was promiscous, but she maintains rape. She wants to stay in the Navy. What are the chances of purgery being proved? What are the possible sentance options?

[stephenk]

Perjury is lying under oath. No one can answer your questions because you haven't posted any facts or evidence the prosecutor has on your daughter.

[Navyworried]

Originally Posted by stephenk

Perjury is lying under oath. No one can answer your questions because you haven't posted any facts or evidence the prosecutor has on your daughter.

There were only two people in the room. It is her word against his. I would think purgery would be extremely difficult to prove "beyond a shadow of a doubt". The rape case is probably just as difficut. If the Navy finds her not quilty, can they also find him "not guilty"? What is the burden of proof?

Also, in reading other threads, it apprears there is some level of negotiation w regard to sentencing.

[fozzy2]

The burden of proof in any criminal case is with the prosecution. They must prove beyond a reasonable doubt that she committed perjury (assuming it gets to a court martial). As others have noted, there aren't many details to go on. In particular, she could be charged with perjury not because of the rape charge per se, but rather because of some false statement she gave during the investigation. She may have lied about details of the alleged crime ("Were you drinking that night?") or about related details ("Have you had sex with him prior to this incident?"). It is entirely possible to be the victim of a crime and then commit perjury. Then there are two crimes, alas the perjury often destroys credibility and leads to the first criminal getting off.