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Subpeoena to Stat Rape trial

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jaswv5

Junior Member
Idaho
I received a subpoena as witness in a trial against my boyfriend. I understand I have to answer the questions I am asked, what I want to know is whether I am required to be there for the whole trial or just for my testimony? Also, I really don't want to attend. Is it possible to submit a sworn statement or video in lieu of actual attendance, and if so how would I go about that? Thanks for any help in advance!
 


seniorjudge

Senior Member
Q: I received a subpoena as witness in a trial against my boyfriend. I understand I have to answer the questions I am asked, what I want to know is whether I am required to be there for the whole trial or just for my testimony?

A: The general rule is that both sides will want you out of the courtroom until you give your testimony and are excused. You may then stay or leave as you so desire.



Q: Also, I really don't want to attend. Is it possible to submit a sworn statement or video in lieu of actual attendance, and if so how would I go about that?

A: You should ask the prosecutor your questions. Without knowing what your role is in all this, there is no way to give you a more definite answer.
 

jaswv5

Junior Member
My "role in this" is supposedly as the victim. I am 10 months from my 18th birthday and do not feel victimized. Regardless of the outcome, I would like to continue seeing this person after I am 18. The reason I would rather do a written statement is that I want to make sure I say what I have to without saying anything I don't need to. Does anyone have any advice if I do have to testify in person?
 

fairisfair

Senior Member
My "role in this" is supposedly as the victim. I am 10 months from my 18th birthday and do not feel victimized. Regardless of the outcome, I would like to continue seeing this person after I am 18. The reason I would rather do a written statement is that I want to make sure I say what I have to without saying anything I don't need to. Does anyone have any advice if I do have to testify in person?
Um, tell the truth??? So, I take it your parents are the one's pursuing this?
 

jaswv5

Junior Member
My mom, who has full custody of me, is not interested in pursuing charges. It's my father who takes me every other weekend and 2 weeks in summer who feels it is necessary to "protect me from myself."
 

CdwJava

Senior Member
You are UNDER the legal age of consent. Therefore, he committed a crime by engaging in sexual relations with you even if it was consensual.

No, you cannot avoid a subpoena. If ordered to court, you must go and you must testify truthfully.

- Carl
 

mommyof4

Senior Member
As you have been told, you must go and testify.

Just out of curiosity, how old is this guy?

Oh, and 10 months from being 18 means you just turned 17.:rolleyes:
 

jaswv5

Junior Member
He just turned 20. It's definitely a frustrating situation because if I was 20 and he was 22 1/2 no one would care...anyways, thanks for all your help you guys.
 

Zigner

Senior Member, Non-Attorney
He just turned 20. It's definitely a frustrating situation because if I was 20 and he was 22 1/2 no one would care...anyways, thanks for all your help you guys.
Did he *just* turn 20 more than 2 months ago?
 

mommyof4

Senior Member
And when did this relationship begin?

It doesn't matter what would or would not apply if you were 20 and he was 22.5. The fact of the matter is that you are a minor, he is an adult, and Idaho has some of the stiffest penalties for this type of crime of any of the states.
 

jaswv5

Junior Member
his birthday is 2/26/87. mine is 12/20/89. we have been together about 3 years.
 
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