Legal Question in Criminal Law in New Jersey

can I counter sue?

my son goes to a school where when teenage girls have sex with a boy, the first thing the mothers do when they find out is file legal charges. This happens constantly because the girls always say they were forced which is not the case at all. This is now happening to my son (16) who had a threesome on the school bus with a girl and now she claims she was forced. That wasn't the case at all. Can I sue the parents for malicious prosecution? The girl consented to this, and now denies it. Something has to be done here to stop this. These girls are not innocent at all, as they have their parents believe. 3 boys so far got tried as adults and are in prison! ( other incidents of supposed sexual assault) These parents are ruining the lives of these boys because their daughters can't tell them the truth. What is my recourse? Can I sue?


Asked on 4/23/04, 2:02 pm

2 Answers from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: can I counter sue?

Unfortunately, you cannot sue the parents for malicious prosecution because it is the State (the County Prosecutor to be exact) which "represents" the so-called "victim." If the State's case is filed maliciously (and it is a tough burden to prove), then you can sue the State for malicious prosecution. YOu may be able to sue once your son is acquitted or the charges are dismissed. But while the case is pending, you can only defend. It would be wise to consult with the lawyers handling the appeals of the other two boys to see what type of new evidence they may have uncovered about this pattern you mentioned. Unfortunately, this is a sick situation that I've seen happen countless times to people. These girls are forced to prosecute, not forced to have sex. But proving it is not easy. Just look at the Kobe Bryant situation, I have handled many cases where my clients have been in situations like his.

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Answered on 4/24/04, 11:47 am
John Ducey Law Offices of John G. Ducey, PC

Re: can I counter sue?

You cannot countersue against the parents or the girl because the State of New Jersey is the one bringing the charges. Your son definitely should retain counsel so that the proper investaigation can take place. It is a shame that your son is caught up in this mess where the girls lie to their parents in order to keep themselves out of trouble. Please call to discuss your options as I am located in Toms River. 732-286-2170.

John

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Answered on 4/29/04, 11:15 pm


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