Legal Question in Criminal Law in Tennessee

Rape of a child

a friend has been accused of rape of his daughter. He was questioned in 2004. Nothing came of it. Shortly before the accusation against him, his daughter told him she was raped at mothers home. My friend went to court with the child and the judge awarded him custody of the child as the home was unfit. My friend then took the child to counseling for 1 session. One month later the childs mother came back to court -she had moved out of state- told the court she was living with her parents and could therefore provide a stable home. The court gave her custody back. The child was found to be pregnant and is now saying it was her father who impregnated her. The mother is vindictive. When my friend asked for a lie-detector test and dna to be done in 2004, nothing came of it. Now he is in jail on the charge. He is on social security and is disabled so cannot afford an attorney. The jail is not giving him his meds-he is on oxygen and numerous breathing treatments -and is being emotionally abused-can't get books-rude treatment, etc. What can he do? He is also emotionally impaired-since 1st. grade. He is being pressured-by staff-to ADMIT what he did for a lighter sentance. help.


Asked on 3/04/06, 10:21 pm

2 Answers from Attorneys
David Heroux Haymaker & Heroux P.C.

Re: Rape of a child

Basd on the information provided, I am unable to give any specific advice. Your friend needs a lawyer, Rape of a Child is a serious charge and involves a child who is under 13 years old at the time of the offense. It is a class A-Felony. Your friend needs a lawyer, appointed or otherwise, and that lawyer may be contacted to deal with your friends health issues while he is being held pending trial. It may be possable to secure your friends release while trial is pending, again he needs a lawyer. Contact me via email if i may be of further assistance or go to my website at TennesseeDefense.com for more information.

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Answered on 3/06/06, 12:28 pm
Kerry Haymaker Haymaker & Heroux, P.C.

Re: Rape of a child

While I could not render an opinion on the merits of the case with so little information, it sounds like are some things to work with. As for his conditions while awaiting trial, his lawyer (I'm assuming he has appointed counsel) should be made aware of those issues and deal with them. Above all, he should not discuss his case with anyone who is not a lawyer. Contact me by e-mail if you wish.

Kerry Haymaker

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Answered on 3/05/06, 1:46 pm


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