Nephew arrested and charged with 2nd degree rape....

SoonerNation · May 26, 2012

19 years old and was with a 15 year old that said she was a senior and 17 years old. Mom found out from her therapist and pressed charges...now facing 1-15 years in prison...girl in and out of mental institutions, anyone know of anyone in a similar spot before? My nephew isnt a bad kid but is kind of a dead beat ie no job, no career but no criminal record either...my sister, his mom, is beside herself...anyone with any info would be appreciated..thx

Ed

scottcarter · May 26, 2012

get a good lawyer

KingofNicotine · May 26, 2012

What state did this happen in?

kidman232 · May 26, 2012

most states have a three year rule, but either way she would be outside of that. Might be able to use that he was lied to to get a softer plea out of it, but the fact that hes kind of a loser and she has issues will play against him. people could see that as him taking advantage of a damaged child. id get a good lawyer and try to settle before it goes to trial and hope he doesnt have to register as a sex offender forever

Jstack34 · May 26, 2012

#ThatsThatShitIDontLike

KingofNicotine · May 26, 2012

I may be nuts but in cases like that the girl is the one that should be held responsible for lying. This country's legal system is a joke.

DrunkenHorseplayer · May 26, 2012

I doubt that the therapist is breaking any laws by reporting what amounts to a rape of a minor; hopefully the DA and/or jury will see the chick for what she is.

Enfuego · May 26, 2012

Drunken Horseplayer said:
I doubt that the therapist is breaking any laws by reporting what amounts to a rape of a minor; hopefully the DA and/or jury will see the chick for what she is.

Why do you say that DH? Lawyers know all the time their clients are guilty but cannot divulge the information due to the statutes.

Defense attorney is told by his client he murdered a victim. If the lawyer takes the case and gives him a fair defense, he will not reveal the topic of their private conversation publicly.

Enfuego · May 26, 2012

From Wiki:

Confidentiality is an ethical principle associated with several professions (e.g., medicine, law, psychotherapy). In ethics, and (in some places) in law and alternative forms of legal resolution such as mediatiob, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to third parties.

gtc08 · May 26, 2012

why would you post this here? i said the same thing in the divorce thread. we as a society talk about losing privacy etc. yet we post are most personal details for strangers to see.

DrunkenHorseplayer · May 26, 2012

Enfuego said:
Why do you say that DH? Lawyers know all the time their clients are guilty but cannot divulge the information due to the statutes.

Defense attorney is told by his client he murdered a victim. If the lawyer takes the case and gives him a fair defense, he will not reveal the topic of their private conversation publicly.

Unlike the lawyer, the therapist is not working for the accused. I don't know if this is one of them, but I do know for a fact that there are exceptions to confidentiality laws.

SoonerNation · May 26, 2012

oklahoma....age of consent 16..

SoonerNation · May 26, 2012

why not post this here? Its about my nephew and this board is full of people with a wealth of knowledge and experience....im not posting my name or nephews name.

SoonerNation · May 26, 2012

the mother got the info from her minor daughter's therapist..no confidentiality there

Enfuego · May 26, 2012

Drunken Horseplayer said:
Unlike the lawyer, the therapist is not working for the accused. I don't know if this is one of them, but I do know for a fact that there are exceptions to confidentiality laws.

Yeah, I know there are exceptions. Don't know how that works for the victim. I'm curious now.

Enfuego · May 26, 2012

SoonerNation said:
the mother got the info from her minor daughter's therapist..no confidentiality there

Did she consent for the information to be released?

SoonerNation · May 26, 2012

im sure she did enfuego...they have family and individual therapy sessions so im sure since the minor is 15 she would have....the 15 yr old admits to the consensual sex for what thats worth.

Doug · May 26, 2012

KingofNicotine said:
I may be nuts but in cases like that the girl is the one that should be held responsible for lying. This country's legal system is a joke.

but how would you prove she lied ?

I'd say this young man is in a very bad spot. Rapists often get more time than murderers. I do believe it was consensual ....but a 15 year old can't give consent.

He might get like 5+ years in prison for this BS.

This is a horrible type of case. The girl is probably some whacked out slut that has banged dozens of older guys..... and 19 on 15 isn't that outrageous, esp. inf 16 is fine in OK.

I hope it ends well !

SoonerNation · May 26, 2012

thanks Doug....I know his attorney is thinking he may get away with joining the military but rape 2 is a serious charge

Enfuego · May 26, 2012

SoonerNation said:
im sure she did enfuego...they have family and individual therapy sessions so im sure since the minor is 15 she would have....the 15 yr old admits to the consensual sex for what thats worth.

There are some mandatory confidentiality exceptions and one involves...

[FONT=Arial, Helvetica, sans-serif] The Child Abuse and Neglect Reporting Act (CANRA) can be found in Penal Code §§11164 to 11174.3. The definition of "child abuse or neglect" includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined in §11165.1, neglect as defined in §11165.2, willful cruelty or unjustifiable punishment as defined in §11165.3, and unlawful corporal punishment or injury as defined in §11165.4.
[/FONT]
I know it wasn't child abuse but the state may define it as such.