Legal Question in Criminal Law in Tennessee

Statutory rape and the alleged victim

I 15 yoa was in the state custody as a foster child Tenn DHS the state charged male 32yoa with stat rape Police told me it would be easier if I just admitted sex with male I denied sex The police continued to interrogate me for four hours I denied any sex Police told me that the male had been jailed not true They told me the male had admitted to having sex with me not true They then told me that if I would confess there was sex the male would be freed from jail and the thing would be dropped I wanted the thing dropped and would have told the police anything I then told the police what they seemed to want they coached me as to what to say while they recorded the interview the male left the state A grand jury indicted the male on charges of stat rape I wrote the district attorney and repeatedly informed him that I had been coerced and that no sexual relations took place between myself and the male This happened approx 7 years ago I ran away and joined the male in the other state at 21 the male and I were married I would never testify in court to anything but that the police coerced me and intimidated me into make statements which I now reject


Asked on 2/22/01, 2:00 am

3 Answers from Attorneys

Gregory Smith Law Office of Gregory D. Smith

Re: Statutory rape and the alleged victim

I think the more pressing question is whether or not charges are pending against your husband. If not, leave it alone. If charges exist, your husband may wish to address them instead of having charges floating around for the rest of his life and the possibility of being held in jail on that if he get stopped for a traffic ticket. For more info, see www.gsmithlawfirm.com .

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Answered on 4/04/01, 12:05 pm
Jes Beard Jes Beard, Attorney at Law

Re: Statutory rape and the alleged victim

There really doesn't appear to e a question that's being asked here, but based on the facts presented, my advice would be to contact an attorney in the city where this happened and have your husband arrange to turn himself in after the attorney speaks with the DA's office and tries to get an agreement on bond. The fact that your husband ran, and the fact that he now lives in California, and the fact that he obviously has known about the charges are all likely to be factors that a judge will consider in order to justify a high bond. At the same time your attorney would argue that with your testimony that the statement you gave was coerced the prospect of conviction would be extremely remote and that would be a strong reason for a low bond.

If your husband does not turn himself in to answer the charge in Tennessee, he could be arrested anytime an officer stops him and finds the outstanding warrant in the national computer network.

The first thing to do is to contact an attorney where this happened and to go from there.

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Answered on 4/04/01, 10:20 am
Victor Hobbs Victor E. Hobbs

Re: Statutory rape and the alleged victim

I've read Jes' reply. I've the same comment. What's your question?

If you want to handle the matter right now then do what Jes says to do.

However you are accusing the police of illegal acts and the political structure back home is such that it will want to protect the police. So the matter may be dropped quietly after you contact an attorney and he contacts the District Attorney. The fact that there were no physical evidence to show any sexual contact should help and who knows the records of the interrogation may have been lost. Then there is the fact that if every male who had sex with his under age bride prior to marriage was prosecuted criminally, we would double the prison population. Having gotten married helps a lot in making it appear an innocent event.

You might check out who is the police chief and or sheriff. If it's the old crew there might be a bigger problem. However, if a new bunch is in office or on the job that might make a difference.

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Answered on 4/04/01, 10:47 am


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