Legal Question in Criminal Law in New York
Hi, I'm 22, I'm charged with 2 misdemeanors. Forcible touching and criminal obstruction of breathing. Here is briefly what happened. A girl i liked(age,20) texted me one night to come over. Later that night she asked to sleep over. She laid next to me on the beanbag, snarled her legs around me and throbbed her butt into me. She was laying on my arm so i hugged her. Moments later she caressed my privates outside of my shorts so in a response i put my hand under her shirt to feel her breasts. Moments later she suggested we switch to my bad and we did, i kissed her, undressed her then undressed myself. I asked what positions she wants for sex but was told me to slow it down and we should foreplay first. I kissed her and fingered her vagina for 2 minutes then she started to give me a hand job. I thought she was ready for sex so i consequently leaned over and started kissing her on the neck and up. I had a rhinoplasty that day and was wearing a bandage under my nose. When i went to kiss her on the mouth that bandage dropped in her mouth and caused her to get angry. I tried making it into a joke since it nearly happened earlier, I asked her if she was up for doggy style. She called me an as****e, and got up to get dressed.
I was called in for questioning 2 days later, i got arraigned and due to a clean record released the same day, but told to show up in 3 weeks for hearing. This was briefly her story; She said she asked to come over, she asked to sleep over, she said she laid on my arm and i asked for a kiss goodnight. Then i caressed her breasts while she was telling me to stop numerous time. When i finally did stop, she got up to lay on my bed. Then i supposedly straddled her on her butt. undressed her and then myself. She said "i kept telling him i didn't want sex, then i flipped her over and started to finger her anus and vagina. She said that again " i kept telling him i didn't want to have sex", then i supposedly put my forearm on her throat making it hard for her to breathe that at one point she almost blacked out. Then i supposedly got on my knees and began to masturbate. Meanwhile she got up to leave and i grabbed her so she yelled get off me and i let go of her. She said that right before she left i said to her " I was just trying to have sex" so she responded "so you tried to rape me"?
I have hired a lawyer, but here is what troubles my mind even though her story is bogus. I really liked this girl and since i never had a relationship i did not know how to foreplay. It was a simple miscommunication, she made it so spontaneous and i was extremely nervous i didn't know what to do what first As we messaged later that night i kept telling her that i was sorry,. She accused me that i tried to force it but i told her that i didn't mean to. She called me a molester. I tried to explain to her that i was really inexperienced and kinda panicked as this happened so sudden. I really liked this girl and since I was really nervous throughout I might unintentionally had seemed a little bit obtrusive. I told her i messed up and i was sorry. I was basically trying to apologize and take a blame for ruining everything hoping she will give me a second chance.
Well so she's now playing on words, I took blame for being forceful i told her i didn't mean to be when she said i was, so to her case she's saying that i used force to try to get sex, when in reality i unintentionally might had seem like i was forcing sex to happen, while i was just messing up on a foreplay.
So my question is. How much of a role will these text messages that i unfortunately don't have anymore play and the fact that she didn't call police right away after supposedly being almost raped matter in this case. I'm scared that I might be convinced of a crime that i didn't do based on me apologizing for something else.
1 Answer from Attorneys
It is excellent that you have an attorney and certainly you should bring all your concerns to them. Text message information is a dicey problem as far as being allowed in as evidence. Some states say that this violates the 4th amendment. Everything may be different if she is under 17, however. Talk to your attorney about this text message information and he/she can tell you how the courts in your area are allowing or not allowing this kind of evidence.
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