Need General Sentencing Help/Advice

[cncrndspprt]

(advised not to talk about the case publicly)

[CdwJava]

Rape shield laws generally prevent the defense from attacking the victim through their past sexual history. Showing that the victim was NOT a virgin at the time of the rape is not a defense. Even if she liked it, or had an orgasm, it would not negate the rape. Only CONSENT would negate the rape allegation.

Now, if she gets on the stand and claims that she was a virgin at the time of the assault, she may well open the door to allegations that will cast doubt on her credibility so she may want to make sure that is in the open with her family before this goes to trial.

If she claims to be a virgin on the stand, and the defense can cast doubt on that fact, then the whole case could well go in the toilet because she will be a proven liar. I HOPE she did NOT tell the police she was a virgin! If so, she had better make an appointment with the DA ASAP and set him straight so that they can be prepared to address it IF it comes up (and it may not be a relevant issue for the defense anyway). If the DA gets blindsided by this, he could be pissed enough to charge her with making a false report or perjury.

- Carl

[dave33]

I cannot see how your visit will have any impact on his sentencing. Although as Carl said you/she may have other concerns. Was the semen collected as evidence? Also you said the man admitted to the charges. Are you saying he did this without any plea deal in place? Also like Carl said whether or not she is a virgin would not matter, just the fact that she lied, if in fact she did.

[cncrndspprt]

(advised not to talk about the case publicly)

[dave33]

If he has admitted to the charges, he can not file a plea of not guilty, correct?


No, that is not correct. I am sure he will plead not guilty, if he hasn't already. It seems from the police report that he has made a statement indicating his involvment. That is something totally different than pleading guilty in court. Although his incriminating statement will give the district attorney a stronger case. It is likely he will eventually plead guilty, but really now with so limited information it is hard to say for certain what will happen.
If he pleads guilty, is she required to get on the stand? stand? No, if a guilty plea is entered than she will not be required. Although in most states a victim can make a vitim impact statement at sentencing if she wishes.

[cncrndspprt]

(advised not to talk about the case publicly)

[dave33]

I think in all fairness this is a decision she should make. I think she should be honest with them because she has nothing to hide. Right? Yes if she is caught lieing on the stand it could undermine the prosecution. She can always talk to the prosecutor and explain the situation. In the situation as I understand it she should be totally forthcoming as to avoid any insinuation of dishonesty. She is the victim of a terrible crime and I think the d.a. will do what they can to accomodate her. If indeed she told them a lie, than she should let them know the truth. I think under the circumstances they will be understanding. She could always go to or call the district attorney's office, or if she felt comfortable with whatever detective she dealt with than maybe she would rather explain the situation to him. I am sue he would point her in the right direction. Also the family is not requesting an attorney, one is appointed to her case. I guess it's always a good idea to hire your own lawyer when dealing with court issues you don't understand, but generally victims do not hire private counsel.goodluck.

[CdwJava]

Originally Posted by cncrndspprt

If she has indeed lied to the police about being a virgin, is this the best idea? What could her other options be? Could/Should she set the police straight? The judge, her attorney, the district attorney? I don't know if the district attorney or state attorney is the same because, again, I have never been in court and have no real knowledge of these things. However, I think she told me her family is requesting the assistance of a state attorney instead of hiring a private one.

The state attorney and the district attorney should be one and the same.

Her family does not need an attorney, but she can get one if she wants ... I suppose it would be to sue the suspect? If they are not suing anyone, they do not need an attorney of their own.

She needs to tell the prosecutor (whoever it might be) the TRUTH! Prosecutors tend to get really pissed when they get blindsided like this. At least if he knows the truth, he can be prepared to deal with it IF the defense makes an issue out of it. But, if the defense catches you or her in a lie, it could be all over and this guy might walk.

- Carl

[cncrndspprt]

(advised not to talk about the case publicly)