How to fight back when yr falsely accused of rape. Please, any advice is welcome.

[standnow]

My friend was falsely accused of having a sexual relationship with a 14yr ol female. He was convicted without one piece of evidence aganst him. DNA for Semen was Neg. His attorney did absolutely NOTHING the entire 2 yrs he waited for a court date. The state inerviewed the alleged victims family and friends, the 2 friends that the alleged victim said saw kissing between her and my friend stated they never saw this, one even said it was weird like a crush kids get on their teachers.The girls own father stated he thought the entire thing was to get my friends attention. This girl had a history of falsely accusing men if they ticked her off for some reason or another.The whole thing was made known after she attempted suicide but no one mentioned this attempt consisted of 8 Tylonals.My friend was charged one month after another male was charged, seperate cases same girl, she has accused her father and brother and a few others. My friend was convicted on her word, the word of a teen who was in and out of the system. Drinking smoking sneaking out. She had/has major issues. My friend was convicted in 2006 he will be released in 2013, he's filing his appeal and I'm doing all i can to help with information. Because of his frist so called attorney he can not hire another due to financial reasons. A brd member from legal aid wrote to him in reply to a letter saying he was sending his case to the best attorney they had he believed his case would be remanded/vacated but someone else from legal aid responded in a nasty letter more or less telling him they were not going to help him so stop trying..What can i do for him? He will not stop until he has been given the chance to clear his name and I won't stop helping him... Thank You

[Rights Fighter]

I have an idea you are in the USA.

Here in the UK it is illegal for a person older than 18 to have a sexual relationship with a person under the age of 16 years regardless of consent.

Did the jury hear that the complainant had made previous false allegations of sexual assault?

[standnow]

Pushed into a plea

This is a letter i have typed up to send to the county where my friend lived, it should explain everything.


Imagine for one moment if you will that you are accused of having a sexual relationship with a 14 year old female. Your charged with Statutory Rape and indecent Liberties with a Minor.
Your arrest is based on emails the accuser claims to have saved on her computer that you sent to her through the website myspace .You proclaim your innocence from day one and you have faith that through our great Judicial System you will be proven innocent Your placed on house arrest for 2 years waiting for your day in court. During your wait you show proof to your attorney that the emails that your arrest was based on were 100% fake, still proclaiming you were not the author of these emails. You feel as though you should request a change of venue, the fear that you may not receive a fair trial haunts you so you make not one but 4 request to your attorney. In return your attorney pretends the request never took place, even though you had saved the emails sent to him requesting the change of venue. The very day before your trial your attorney tells you he can not defend you. When you ask him what was the damaging evidenced he replies “The emails” in response to his reply you suggest a forensic exam of computers from the accuser and the defendant at which he replies “ You should have mentioned that 2 years ago” Are you as confused as I am at this point? Was he not the attorney?
Your attorney makes the suggestion that you request a continuance to obtain another attorney and the forensic exam needed. The next day in court you do just that, but it’s denied. Furthermore the state knows of your request before you even have a chance to request it. When the prosecution states why they believe this request should be denied, in one breath they state that the defendants attorney has had 2 years to order any tests needed then turns around and says the defendants attorney is more then prepared to continue. I’m sorry, but isn’t that the same as slapping someone then kissing it to make it all better? The prosecution lies twice in open court stating no forensic exam was ever ordered, even though later you discover a fax from the prosecutor to you attorney stating those results should be in the next day and this was faxed 1 month prior to trial. The judge repeats over and over that this is your judgment day and your case will go to trial with or without your attorney. Fearing going to trial with a attorney who not only does not want to represent you but who has done absolutely nothing on your behalf in the entire 2 years could cause more damage if you decided to go to trail, you decide your only choice is to accept the plea to a lesser charge which is 2nd degree rape and 2 counts of ILWM Although the state did not stand up to the plea agreement the Judge sentenced you still the same.
Your standing there listening to the prosecution give a factual basis for the plea which is nothing more then telling a story as she see’s it. Not one piece of evidence against you, still you are convicted. You start your sentence and going at it alone you decide to fight back through the courts so you request your case file from your attorney who ignores your request. Time is running out but still the attorney does not turn the case file over until you file a grievance forcing him to do so. by this time months have passed and the time limit set to begin your fight has run out. With the options left you continue to fight. The attorney claimed it was a misunderstanding, he thought your wife was going to pick them up, even though you have a copy of the letter sent to him that his office signed for and it clearly states to mail your case file to a particular family member. Still he gets away with it. You finally have your case file and when you start to read over things you discover there was a DNA test for Semen that came back negative and witnesses interviewed by the state that would have been in your favor. Statements made that showed the accuser had a history of accusing others of the same, also her so called suicide attempt consisted of 8 tylonals. Included was a witness that stated they were sure they were with you on the night in question. With all this evidence in your favor you are sure after you file your motion for appropriate relief you will be granted such and released. You submit all you have found that you knew nothing of before but it’s denied, but why? It seems the judge who was originally assigned to your case and who recused herself from your case some how jumped back in long enough to deny and place a Barr upon you filing in the future, which is basically a big red sticker that says ”WASTE OF TIME DO NOT READ” making sure that no other judge will take your future motions or petitions seriously. This was the very reason you requested a change of venue in the beginning,.
Now, your in prison and you will serve at the very least 4 and a half years, and once your time has been served you will be placed on intense supervised probation for 3 months the regular probation for 5 years, also added, you will have to wear a ankle bracelet for continence monitoring for the rest of your life and all for a crime that you did not commit but can’t get anyone to listen to you.
If you think this could never happen to you think again, it happened to one of your very own in 2006. Luther Daniel Stidham who still resides at Gaston County Correction Center in Dallas NC. He’s not asking to be released, he’s asking for a new trial. He’s asking for something that was denied to him in the beginning. a Fair trial, he only wants the opportunity to prove his innocence.

[Rights Fighter]

Sorry but I find these very long posts unseparated by small paragraphs difficult to read and assimilate.

Maybe you should find a group in the US - they are out there.

[sunshineonmyshoulders]

He will be released in march 2013. He will have to live with his guilty plea.

[Saffron]

Sunshineonmyshoulders.
We do not permit naming on this forum. Not of the accused; guilty; not guilty; complainants; victims; liars; survivors.
If you have something valid to say, we will welcome you.
If you want to send us a link to a news article, please feel free. A Mod can edit the text to remove names.
At the moment is seems unclear whether you are a friend of the prisoner or not.
Perhaps you could clarify that.