QUESTION
Should my daughter's boyfriend go to the police to settle an alleged rape charge against him?
Asked on May 08th, 2015 on Criminal Law - California
More details to this question:
Should my daughter's boyfriend of almost 1 year, call a police officer back to "talk" about an allegation that has been made against him by a girl who now says she raped him a year and a half ago while they were both in high school? He was a senior back (17) then and she was a freshman (15). He claims she invited him over to her house, he picked her up, she gave him oral sex in his car and that was it, he NEVER had sex with her. The high school police officer wants to talk to him now, even though he graduated high school in 2014. Please help!
3 ANSWERS
Don't be crazy. He has the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what he says it will be twisted around and used against him later.
Answered on May 12th, 2015 at 12:13 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Absolutely not! Do not have him talk to the cops without an attorney present. The cops are hoping that he talks to them without an attorney so that he incriminates himself in some way. Especially if he did nothing wrong! He needs an attorney to protect him. Usually, the last thing the cops do in one of these situations is to speak to the suspect; if he confirms anything the alleged victim says, or if he is in any way "inconsistent," or contrary to what their investigation has revealed, he will be giving them enough for probable cause for an arrest. They will be persuasive but he must insist on remaining silent - it is his constitutional right!
Answered on May 11th, 2015 at 6:22 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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First of all, "oral sex" is "sex" and he can be convicted of rape based on the oral sex alone. Under no circumstances should he "talk" to the police without an attorney present. Anything he says, even innocent statements, can be used against him, lead to his arrest and possible conviction. It is time for him to lawyer up and let his attorney deal with the police.
Answered on May 11th, 2015 at 6:21 PM