Backlash of teen rape charges on my niece

[ChadBargo]

What is the name of your state (only U.S. law)? Tennessee

My 16yo niece was raped by a 15 yo boy that lives in the same apartment complex as her. A friend of the boy's recorded the whole incident on his cell phone. Throughout the whole time,she repeatily tells the boy no!!! At one point he stops and asks her if what was going on was ok and she says yes. I know my neice,she was probably so scared at the time that she says yes just to get him to stop. I have not heard the recording,this is what my sister has told me of the whole incident. Now the detective assigned to the case is trying to subpoena my niece and ,according to my sister, is wanting to press charges for "falsifying a police report". How is this possbile? Can this boy really get away with rape and have my niece locked up? Im so extremely angry at this whole situation,Im trying to refrain my language. If anyone can point to what path we need to go in,I would gladly appreciate it. Thank you !!!

 

[Zigner]

What is the name of your state (only U.S. law)? Tennessee

My 16yo niece was raped by a 15 yo boy that lives in the same apartment complex as her. A friend of the boy's recorded the whole incident on his cell phone. Throughout the whole time,she repeatily tells the boy no!!! At one point he stops and asks her if what was going on was ok and she says yes. I know my neice,she was probably so scared at the time that she says yes just to get him to stop. I have not heard the recording,this is what my sister has told me of the whole incident. Now the detective assigned to the case is trying to subpoena my niece and ,according to my sister, is wanting to press charges for "falsifying a police report". How is this possbile? Can this boy really get away with rape and have my niece locked up? Im so extremely angry at this whole situation,Im trying to refrain my language. If anyone can point to what path we need to go in,I would gladly appreciate it. Thank you !!!

I understand the seriousness of rape and I'm not trying to diminish that at all...

But please don't discount the possibility, no matter how remote, that you don't actually know your niece as well as you think you do.

 

[CdwJava]

It sounds as if the interpretation of what occurred on the video is up to some interpretation, and it appears that the police believe the act was consensual as opposed to a forced sexual encounter.

I'm confused as to why they might need to issue a subpoena to your niece if she is the alleged victim in a rape. Has she refused to testify or cooperate with the police?

Your niece would probably best be served by consulting her own legal counsel at this point.

If there IS a video that shows underage children having sex, then the holder of that recording is potentially going to be charged with possession of kiddie porn and could be facing renewed charges.

There may be a great deal going on that you are not privy to.

 

[swalsh411]

Unless you are this child's parent or guardian you have no right to be involved and no right to any information concering the investigation. I am almost certain you do not possess all the relevant facts. You are not doing your friend any favors here by meddling. The police are under no obligation whatsoever to answer any of your questions. You can support her emotionally and let her vent to you, but if you interfere with the investigation or try to stick yourself in the middle of it you might find yourself in a lot of trouble. Butt out.

 

[Just Blue]

What is the name of your state (only U.S. law)? Tennessee

My 16yo niece was raped by a 15 yo boy that lives in the same apartment complex as her. A friend of the boy's recorded the whole incident on his cell phone. Throughout the whole time,she repeatily tells the boy no!!! At one point he stops and asks her if what was going on was ok and she says yes. I know my neice,she was probably so scared at the time that she says yes just to get him to stop. I have not heard the recording,this is what my sister has told me of the whole incident. Now the detective assigned to the case is trying to subpoena my niece and ,according to my sister, is wanting to press charges for "falsifying a police report". How is this possbile? Can this boy really get away with rape and have my niece locked up? Im so extremely angry at this whole situation,Im trying to refrain my language. If anyone can point to what path we need to go in,I would gladly appreciate it. Thank you !!!

The DA will go "on the path".

You should not post on the net about a situation that LEGALLY has noting to do with you. I know that id my sister or brother were to post about my MINOR CHILD RAPE I would not speak to him/her again.

 

[ChadBargo]

The DA will go "on the path".

You should not post on the net about a situation that LEGALLY has noting to do with you. I know that id my sister or brother were to post about my MINOR CHILD RAPE I would not speak to him/her again.

unless my sister came to me for advice because she didnt know what to do. I'm not an attourney,but I am family. I know some of you distant yourselves from your family,but mine likes to help each other out.

 

[Zigner]

unless my sister came to me for advice because she didnt know what to do. I'm not an attourney,but I am family. I know some of you distant yourselves from your family,but mine likes to help each other out.

You can give her all the moral support you'd like. Steer clear of legal matters. Good day.

 

[ChadBargo]

I understand the seriousness of rape and I'm not trying to diminish that at all...

But please don't discount the possibility, no matter how remote, that you don't actually know your niece as well as you think you do.

Thank you for replying. I understand that there's probably a lot about her I dont know,but I feel that there is something that can be done. She is claiming that she was raped. The police did perform a rape kit and it came back positive. I do know my niece well enough that she isn't a whore.

 

[csi7]

First, separate your feelings from the facts that you have. When you do this, you will see that the investigation has far more information than you will be aware of.

The facts will have to be verified, and the questions asked are not gentle of any individual involved.

You can provide moral support without any meddling, which will be far better for your niece in the long-term recovery of the situation.

The investigation may be rape from information you have available, however, the administration of the criminal charges may be far different than what you expect. If your niece is going to be interviewed by the police, she should have her own attorney present for her well-being.

This is a long and drawn out process as well.

 

[Zigner]

A 16 year old having sex is a far cry from being a whore.

 

[CdwJava]

Thank you for replying. I understand that there's probably a lot about her I dont know,but I feel that there is something that can be done. She is claiming that she was raped. The police did perform a rape kit and it came back positive. I do know my niece well enough that she isn't a whore.

No, it didn't come back "positive" for rape. What came back was evidence of sexual activity, and MAYBE some trauma. The question will then become whether the trauma was inflicted through the application of unlawful force, or consensual.

The question still remains as to whether or not your niece is still cooperating with police. And understand that if she is a witness in a proceeding against the other suspects she WILL be issued a subpoena to testify. Being issued a subpoena is just an order to court, it is NOT an accusation. Perhaps mom has the situation pegged all wrong. Or, perhaps your niece is starting to go sideways on the police and is not cooperating any longer. If she has suddenly changed her story or recanted, then that might be why there is talk of her being charged with making a false police report.

 

[cbg]

Please understand something.

When the responders here tell someone to butt out, to put it directly, it's not just because they want to be rude to you. They're not just saying, it's none of your business. It's because we've seen instances where a legal stranger (which is a legal term of art and does not signify your relationship to the child or the emotions involved) involved themselves in a legal case, they've sometimes made the matter worse. Even if done innocently. Even if done in an attempt to help. Even if done at the request of the parties involved.

We've all seen threads where the poster had to come back later and admit that the case they had posted about was lost - BECAUSE of what they have posted.

We understand your concern. No one is dismissing the seriousness of what happened. And no one is saying anything bad about your niece. EVEN IF it was consentual (and I am not saying it was) that does not make her a whore. That was your word, not ours.

But what we're trying to get through to you is that you can HURT her case by posting about it. THAT'S why you're being told to back off. NOT because we don't understand your concern.