Families of SOs Community Group

WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...

1,307 Members

11,281 Posts

0 Online

alwaysbyhisside 08/08/2013

I don't post much because we are still in the middle of all the court junk...but quick background, my husband was charged in '09 for something that happened when he was 18 ... 25 years ago! The wonderful state has decided that the statue at the time never expired when the legislature extended it to no statue of limitations for the crime. He was eighteen and the girl was 14, but has changed her story so many times and now says she was 13. My husband being the kind man that he is spoke with police and said things did happen (yes it was stupid and wrong, but we can't change that).

During this time with court we have had our attorney pass away, the judge retire, and just a slow process... Which sucks! Yesterday our attorney went before the judge to argue the fact that we can not find any records that can prove the date that my husband moved into his apartment ... School didn't start until the middle of September, but she said it happened a day before her 14th birthday in August and at his apartment. Well we thought we had the judge on our side but at the last minute he denied the motion, and set a trial date for January. I am SO upset that the judge doesn't have the balls to make a ruling and see that there is no way my husband can defend himself. This stuff happened SOOOOOO long ago how can anyone remember the exact date of things happening especially when she has changed her story so much...our justice system sucks! (But I think we all know that).

We has thought about taking it to a jury, but the risks are so great ... At least from what we are hearing with a plea (nothing final) that she doesn't want jail time, just for him to register. My husband is not that kind of man, we all did dumb things when we were young, just sucks that it has to come to this.

Thanks for letting me rant

honestwitness 08/08/2013

So, which state are you in? I wonder how long it will be before every state removes the statute of limitations for sex crimes. So sorry you are going through this.

ThoughtAsWeak 08/08/2013

This system does suck, but regardless of what she wants, the DA will push for whatever they want. My daughter asked for no more than 4 yrs, they refused and offered 20 vs max of 30. We took the gamble and lost. Our friend who is innocent and was on his 2nd trial was offered time served, he refused because he didn't want to have to register. Facts were on his side but jury refused to belief a child will lie and found him guilty on all charges.
If you do decide to take a gamble gather everything you can to show her inconsistencies. Because she is an adult, he MAY have a better shot. Otherwise, I hope you have a fair plea deal offered.
Please keep us updated on how this case.

alwaysbyhisside 08/08/2013

Utah... And according to them 35 states already have removed the statute of limitations for most sex crimes.

alwaysbyhisside 08/08/2013

I should of added that the DA has also said no jail time, just to register. Sad thing is when this happened there was no registry. My husband just feels so bad for me and our girls and the stigma that goes with the registry...but we will be strong!

Advocate2 08/08/2013

Oh my this is just crazy! Florida has no SOL as well - I just cannot fathom the horror of this! When did the girl first make her acussations? as it 25 years ago? Was she claiming it was not consenual? The reason I am asking is becasue I think the prosecutors are really dumb in this one for several reasons. For one, if the girl was claiming it was forced way back then why didn't they do anything? In additon, most states have a law that says even if they charge a person with a crime many years later they have to apply the law that existed for that crime back when the crime happened (I believe it also says something like that in the Constitution) now that means they could only charge him with statutory rape. Now of course the registry is applied as ex post facto right now but that is about to fail - many states are already doing it and removing hundreds of people from the registry which is another reason the prosecutor is stupid and thee DA should bring this up in front of a judge - they are costing the state tons of money for nothing. In addition, many states have are will eventually pass a Romeo and Juliet law - in other words, in Florida the 4 yr age difference (as long as consensual) would be a Romeo and Juliet - no registry etc.

Advocate2 08/08/2013

you know I usually understand not wanting to go to trial in the SO cases but in this case I would really think about it - by my calculations this happened around 1988? I am not sure but I will be willing to bet that people that grew up in that time or from before would see this as ridicules especially if it was consensual and now your husband is a family man established etc....

alwaysbyhisside 08/08/2013

The problem is if she was 14 the SOL would of ran and they could not charge him, but with her saying she was 13 they can. We fought with the court that he was a juvenile when it happen the judge shot that down, because he is an adult now and what matters is how old he is when they charged him. She has had a rough life with failed marriages and I think she just wants to put the blame for that on someone besides herself and that would be my husband. I wish I really knew why she is doing this...she says she feels that my husband will do this to others (if I ever thought my husband would hurt someone I would be gone, we have two girls together and have been married for 16 years... she even came to the wedding for heck sakes) She does not know him or what he is like.

Advocate2 08/08/2013

this is absolutely nuts!!! bonkers all the way - i personally think a jury would see that

Dixon73 08/08/2013

This is wild... and scary. I can see that there is no SOL for someone who was a small child when something happened TO them and they did not realize it. Like a four year old. May one assume your husband is hit with a statutory charge - based on age by a few months? A teenager should not be treated the same as a 2-year old. Certainly not a willing one.

Of course she wants someone to blame for her life that did not turn out fairy tale. Who doesn't? Of course she 'only' wants registration. Everyone knows that is the worst punishment of all. Without the guilt of sending someone to prison.

If this did not have to potential to completely ruin your life it would be laughable.

ksteeler 08/08/2013

It is so frustrating to be in the middle of the situation with rules changing and statements changing, and no one seeming to understand that your way of life is at stake. I hope people start seeing some sense out there!

deenamom 08/08/2013

Wow! So sad that you are going through that.

Deena

Join the Conversation