Legal Question in Criminal Law in New York

My two friends had sex at my house in July, and the girl is charging rape against the boy now, in November. Both were intoxicated during the intercourse and underage. The girl was 16, the boy 17. I was a witness to the entire event- she told me right after they had sex that she consented to him "sticking it in for a few seconds", and told me wanted to hook up with him- she was all over him the entire night. After it happened, she came to me crying because he didn't care about her, but calmed down when he agreed to cuddle with her. In all honesty, I think she's filing a false charge and she's going to ruin his life for no good reason. I want to charge her back for filing a false police report if she goes through with this. She never got a rape kit done, and so there is no physical evidence, and the only witness willing to step up is me, and I will defend him to the end. I know him extremely well and he has never hurt a fly. She claims he locked her in the room, but the room locks from the inside and she could have unlocked it and left. If she was struggling, I would have heard her. Please let me know if there is any legal case for her to make for this to go to court and what my friend should do.

Asked on 11/17/11, 4:11 pm

1 Answer from Attorneys

peter bark bark & karpf

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If your friend has been arrested on this charge, give the information to his lawyer. If you go to the police or prosecutor, they may try to discredit or intimidate you. From my experience most prosecutors are more interested in winning cases than seeking justice.

Peter Bark- [email protected]

Answered on 11/17/11, 10:02 pm

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