Legal Question in Criminal Law in Washington

my son got a rape charge about 7 yrs ago.The girl that filed charges lied. my son is innocent.her husband told me it was a lie. she has ammitted to a friend of mine it was a lie to save her marriage, they took a rape test and it was nagitive.she said it was my son because of his clothes. no other test were done.my son did a liedetecter test and past.An officer told my son after he read the report he shouldnt of been charged of this crime.If my son can come up with the money for anther liedetecter test and past it could taken off his record. Is there any way you can help my son please


Asked on 9/07/09, 7:50 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

I don't have a lot of experience with the situation you name. I believe if you can get the victim admitting her lie or even a key witness (her husband) to impeach her you can submit this "extrinsic evidence" (evidence outside the existing case). It would be the basis for a new trial. This is a time consuming and expensive appeal and there are time limits on how long you have after you discover the new evidence. So, you should consult with a lawyer right away.

At your service,

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Answered on 9/16/09, 2:58 pm


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