Legal Question in Criminal Law in Maryland
Rape
It was four people present, my boyfriend, his friend, my friend, and me in a studio apartment. We were drinking and smoking. My friend said she got rape three times that night but didnt tell me anything or leave. she was awake the whole time and i knew that my boyfriend friend had sex with her and she was fine, because i asked what happen and he said she took off her clothes and she didnt say anything. That was one of the time she said she got raped. Than she claim that my boyfriend raped her, than both of them raped her. My boyfriend told me what happen and i know him very well and they did have sex but she made the first move. This happen before with our other friend, She had sex with her boyfriend when she was drunk and said he start it. Do you think the judge will have a little bit of common sense to know that she is lying and my boyfriend and his friend will have any chance of getting out of jail
1 Answer from Attorneys
Re: Rape
It is not about the judge having common sense. You need a lawyer to cross-examine the woman to determine what really happened. The State's Attorney will have the woman testify that she was raped, and if you do nothing about it, you will likely be convicted. If she was drunk, that is a major factor to determine consent.
It is also important to have a lawyer to negotiate with the State to begin with and maybe they will change their mind about who's guilty BEFORE trial.
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