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After found "not guilty"

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Fiero

Guest
What is the name of your state? Ohio

My son was found "not guilty" of 2 counts of rape by a jury. Lab tests showed his DNA was not found anywhere on the victim. The DNA of the other boy was found on the victim. The other boy plead out and got 3 years. The prosecutor knew and she must of known his DNA wasn't found, because her testimony changed from her statements on file. She changed it to oral sex. Our lawyer tore her apart. I think this never should of gone to trial. I am so mad that my child had to spend 1 year in the county jail because of these stupid charges. No one even said they were sorry. I spent a fortune on legal fees. Is there any way I can sue the city or county to get some of this back??? Is my son entitled to anything for the year he spent in jail???
 


B

Boxcarbill

Guest
No. The criminal justice system is designed to get a conviction only upon proof beyond reasonable doubt of every element of the offense. This burden of proof is a higher standard of proof than is a preponderance of evidence in a civil case. So one can have a "not guilty" verdict in a criminal case and a finding of liability in a criminal case on the exact same facts--e.g. O.J. Simpson. Rape does include not only vaginal pentration but also oral and/or anal. The fact that your son was found not guilty only proves that there was not sufficient evidence to eliminate reasonable doubt in the mind of the jurors and apparently the jury also found that the victim lacked credibility. But a not guilty verdict is not a finding of innocent nor does it means that there was not sufficient evidence to bind the defendant over for trial. You need to put this behind you, to the extent that you can, and move on.
 
C

condaggitt

Guest
You should sue the girl in Civil court for the monetary damages you sustained.

It would only be fair, she lied about the incident, and she should pay somehow.

EG: see if your lawyer can rup up her legal bills.
 
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Boxcarbill

Guest
condaggitt said:
You should sue the girl in Civil court for the monetary damages you sustained.

It would only be fair, she lied about the incident, and she should pay somehow.

EG: see if your lawyer can rup up her legal bills.
Do you have a legal theory to go with that advice for her to file her civil case?
 
C

condaggitt

Guest
The prosecutor knew and she must of known his DNA wasn't found,because her testimony changed from her statements on file. She changed it to oral sex.


""""""I think that would be a good start.
 

HomeGuru

Senior Member
condaggitt said:
The prosecutor knew and she must of known his DNA wasn't found,because her testimony changed from her statements on file. She changed it to oral sex.


""""""I think that would be a good start.
**A: start of what? That's no legal theory.
 

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