Legal Question in Civil Rights Law in Florida

My son's girlfriend told her niece to say my son had touched her because she wanted him out of her house and to get help for his supposed drug addiction. She stated to me she didn't think it'd go this far and he would get in so much trouble. Although she took the stand and admitted what she had done, and even though the child's father took the stand in my son's defense and told them his daughter had told him that her aunt lindsay had told her to say that, that was stricken from the record as ''hearsay.'' There is only one night my son was ever around this child, only one night in question. 3 doctors stated that she had not been physically harmed at all and her hymen was still intact, however, they did not swab her inside at all with a q tip. My son was charged with rape of a child and sentenced to life on 7/27/ 2012. So, my question is, is there any way to make her take a lie detector test and would it even matter. That one lie and completely destroyed my son's life and he was ripped away from his one year old son that he had never spent one day away from. He sat in city jail for over a year, and was never once let outside to see sunlight. How can this happen? My son is going to take his life. He said he is humiliated and disgusted and he said he would rather someone had lied and said he'd murdered someone rather than to label him as a sick monster. He cries every single day about his son. Josh comes from a large, close nit family full of dozens of nieces and nephews who all love their uncle josh. How can a man be charged with rape of a child who was not touched physically at all. Isn't what she has done a crime? She has destroyed so many lives with one lie about one night. How can this happen? We are at her mercy because of my grandson who just turned two. I am currently gathering evidence of her mental instability, can I do anything with this evidence to help my son? Will anyone listen?


Asked on 8/10/12, 9:54 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

You need to have conferences with a few attorneys about appealing the decision. This is very expensive unless the public defender's office does the appeal. An attorney must go over the entire trial transcript and the record to see if there was any reversible error. A notice of appeal must be filed within 30 days of the sentence.

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Answered on 8/13/12, 9:17 am


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