Legal Question in Criminal Law in Delaware

reopening a case of fourth degree rape

My boyfriend was charged by the state of delaware with 4th degree rape (a plea he took) because a girl lied to him about her age. Now we want to try to reopen the case with the girls testimony and with her moms testimony stating that he didnt rape her and that they hold no grudges with it, which they will willingly do (my boyfriend is good friends with the girls mother).

What would be the likely outcome if we reopened the case? We want him to get off but what we REALLY want is for him to not have to file as a sexual offender for 15+ years.

Also, what do you suggest we do before we go ahead with this plan?


Asked on 3/09/09, 7:11 pm

1 Answer from Attorneys
Edward Pankowski Edward Pankowski, Jr. Esq

Re: reopening a case of fourth degree rape

As a Delaware criminal defense for 31 years, when you say "re-open" it tells me he was convicted either at trial or by plea. Pease send me the guilty and the sentencing order via e-mail or fax for review. Fax # in yellow pages, this system does not permit me to send phone/fax #s...Ed Pankowski

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Answered on 3/09/09, 9:15 pm


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