Legal Question in Criminal Law in Alabama

Accused of Rape

My 21 year old son has been accused of raping a 14 year old girl. It allegedly happened April 15, but she didn't report until April 20. A medical examination was done and there were indications the girl had sex, but they didn't have any evidence to say who with. The investigator called my son and me to the police station last week and said he had new evidence in terms of a witness. The investigator is supposed to present the evidence to a grand jury august 11. If son is called in to do a polygraph, should he refuse and if he does can it be used in court against him? DHR has closed their case, but I understand if this so-called new evidence is true the case can be re-opened. Any input you have would be greatly appreciated. Son maintains that nothing happened between him and the girl and seems to think the investigator is yanking his chain and really has nothing in the way of concrete evidence.


Asked on 8/07/08, 12:35 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: Accused of Rape

It sounds like the investigator is trying to bluff your son into admitting to something he didn't do. Your son has no obligation to talk to him, and can refuse to discuss it any more. He also can refuse to take a polygraph. At this point, if they have no evidence against your son, then the less he says the better. I have seen many situations where the police did not have a case against an individual until he started talking. Tell your son to just stop talking and get a lawyer immediately.

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Answered on 8/10/08, 11:32 am


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