Abe Froman
Member
What is the name of your state? TX Can a defendant in a criminal case use the rape shield law as a pre-trial motion to either delay or dismiss the current charges against him?
I'll clarify. If a female has made false allegations of assault against her boyfriend, in this case me, and during the investigation of that assault, it was discovered that that female is guilty of rape and that crime has been reported to both the local police and to the FBI due to the details surrounding the rape, but obviously due process for the rape allegation has not yet run their course, how can that be brought to the attention of the current false allegation trial judge?
I understand my allegation of rape is not a defense to assault, and this assault is the class C misdemeanor type, but at the same time, I have no doubt the false allegations were made so that female could have time to erase some evidence of the rape she is guilty of. And to further clarify, it would be me she raped and that is why I suggested the rape shield law as it might have relevance.
I'm currently not represented, but have been, and the judge has given me two weeks to come up with an attorney. I know I'm a defendant in a criminal case, but I need a prosecutor more than a criminal defense attorney and I know that as fact and can prove it with video tape evidence. On the other hand, that female is friends with the local DA and is so because she used to work for him. To me, what may be misconduct is better described as obstruction of justice. But for the current proceedings, I want to make a motion to the judge that somehow explains this situation so he can rule on it. I have determined that he has the ability to dismiss anything if whatever he is provided meets the threshold for doing so, and that's really what I want to shoot for. I realize there is a fine line between what he would be provided to consider, and what a jury would consider in a trial. But again, what I have is not a defense, it's an offense, so I'm lost and could use some direction. Thanks
I'll clarify. If a female has made false allegations of assault against her boyfriend, in this case me, and during the investigation of that assault, it was discovered that that female is guilty of rape and that crime has been reported to both the local police and to the FBI due to the details surrounding the rape, but obviously due process for the rape allegation has not yet run their course, how can that be brought to the attention of the current false allegation trial judge?
I understand my allegation of rape is not a defense to assault, and this assault is the class C misdemeanor type, but at the same time, I have no doubt the false allegations were made so that female could have time to erase some evidence of the rape she is guilty of. And to further clarify, it would be me she raped and that is why I suggested the rape shield law as it might have relevance.
I'm currently not represented, but have been, and the judge has given me two weeks to come up with an attorney. I know I'm a defendant in a criminal case, but I need a prosecutor more than a criminal defense attorney and I know that as fact and can prove it with video tape evidence. On the other hand, that female is friends with the local DA and is so because she used to work for him. To me, what may be misconduct is better described as obstruction of justice. But for the current proceedings, I want to make a motion to the judge that somehow explains this situation so he can rule on it. I have determined that he has the ability to dismiss anything if whatever he is provided meets the threshold for doing so, and that's really what I want to shoot for. I realize there is a fine line between what he would be provided to consider, and what a jury would consider in a trial. But again, what I have is not a defense, it's an offense, so I'm lost and could use some direction. Thanks