S
supadafly
Guest
What is the name of your state? Washington
My wife has accused me of rape. On November 15, 2003 I was arrested at my house on investigation of Rape in the 2nd Degree. The first time I went to court they made me an offer of Rape in the 3rd Degree with 6 months in jail and probation etc and said if I did not take the offer they would ask for 7-10 years on the Rape 2. I declined the offer and chose trial instead. The prosecutor put the case into bindover and its sitting in District Court. I have been back twice now and they made me a new offer last week of Assault in the 4th Degree with Domestic Violence and Sexual Motivation. My public defender told me that means I would not have to register as a sex offender and I would get no jail time. They are asking I take an sex offender evaluation and do any recommended treatment. However, my attorney continued the case 2 more weeks to negotiate with them to get the evaluation knocked off. I would prefer to have the whole thing knocked off but is that even possible?
My wife's statement is very descriptive to what she says happened however that is the problem with the case. Everything in her statement should have been supported by some physical evidence especially the physical abuse she says she endured ie punched in the face continually, her head being slammed against the floor, and she was on her period when she was "raped". They served a search warrant on my house when they arrested me and they did not find anything. I was not at home most of the day I was arrested and my wife went to the house and took things from the house then pressed charges against me. She said I raped her in the morning and then I held her hostage all day. Then she left and stayed the night at another guys house that night. She did not complete a rape kit because she supposedly started her period the morning I "raped" her. My attorney has adviced me that we have a good case however I am not looking at any jail time right now and it may be safer to take the offer. I need help I dont know what to do. Since I bailed out of jail I have gotten an order signed that modified the restraining order so I can see my daughter and I have filed for divorce. I spent 36 days in jail and she never filed for divorce.
To recap does "with sexual motivation" mean I would have to register as a sex offender?
My wife has accused me of rape. On November 15, 2003 I was arrested at my house on investigation of Rape in the 2nd Degree. The first time I went to court they made me an offer of Rape in the 3rd Degree with 6 months in jail and probation etc and said if I did not take the offer they would ask for 7-10 years on the Rape 2. I declined the offer and chose trial instead. The prosecutor put the case into bindover and its sitting in District Court. I have been back twice now and they made me a new offer last week of Assault in the 4th Degree with Domestic Violence and Sexual Motivation. My public defender told me that means I would not have to register as a sex offender and I would get no jail time. They are asking I take an sex offender evaluation and do any recommended treatment. However, my attorney continued the case 2 more weeks to negotiate with them to get the evaluation knocked off. I would prefer to have the whole thing knocked off but is that even possible?
My wife's statement is very descriptive to what she says happened however that is the problem with the case. Everything in her statement should have been supported by some physical evidence especially the physical abuse she says she endured ie punched in the face continually, her head being slammed against the floor, and she was on her period when she was "raped". They served a search warrant on my house when they arrested me and they did not find anything. I was not at home most of the day I was arrested and my wife went to the house and took things from the house then pressed charges against me. She said I raped her in the morning and then I held her hostage all day. Then she left and stayed the night at another guys house that night. She did not complete a rape kit because she supposedly started her period the morning I "raped" her. My attorney has adviced me that we have a good case however I am not looking at any jail time right now and it may be safer to take the offer. I need help I dont know what to do. Since I bailed out of jail I have gotten an order signed that modified the restraining order so I can see my daughter and I have filed for divorce. I spent 36 days in jail and she never filed for divorce.
To recap does "with sexual motivation" mean I would have to register as a sex offender?