Shoplifting, Larceny, Robbery, Theft Help

Status
Not open for further replies.
nana55 said:
he is not a pedophile. this was one night of an indiscretion that he will never do again and felt really guilty about. This young lady wanted to know what sex was like and after constantly groping him, etc. he gave in,wrong thing to do. She bragged about this with her friend. My son was not married and living with his fiancee at the time. they are no longer together. He has only done this once and felt so remorseful that he wanted to kill himself. He told the therapist who blew it way out of proportion and told the police that he forced himself on her ( that was incorrect) and it happened more than once ( that was incorrect). He understands his actions but PEDOPHILE he is not. He is a very good father and would never hurt his children and protect them. He is going for active therapy on a continuing basis and knows what he needs to do.

(This happened 3 years ago once and never happened again) and they continued to live together until recently. The daughter never felt threatened at any time.
Click to expand...

Was this his fiancées daughter??
 
One time is what hes says! That might be true. The eyes of law and others will look at him as pedophile. If convicted he wil llikely have to register as sex offender. Your son needs a Lawyer!
 
raskalnikov said:
You need to file a grievance or sue the therapist.

Get an attorney either way.
Click to expand...
Raskalnikov, how do you sue a therapist for making a report that he or she is likely mandated by law to do? Now, I suppose there might still be a couple of states where they make no such mandate on counselors, but I don't know of any off hand.

Forget about dealing with the therapist, he needs an attorney to defend against the criminal charges or make a plea deal. Suing the therapist is likely to avail him of nothing, particularly since those states that mandate reporting also tend to mandate immunity.

- Carl
 
raskalnikov said:
I'd be interested in the entire law, not just the sub-section.
Click to expand...

Have fun.

http://www.macucc.org/mba/documents/MassMandatedReportingBill.pdf

The OP needs to confirm that this took place in Mass.

The therapist is a mandated reporter and as such was LEGALLY obligated to report this abuse. That the abuse is ALLEGEDLY not happing now is not relevant. A child was raped and may be suffering additional emotional harm as a result. Many child rape victims commit suicide, cut themselves, become alcoholics, drug addicts...It was the MR's DUTY to report this.
 
He lied? And we know this ... how?

Okay, let's analyze the parties. We have a therapist who goes to the police and tells them his client had sex with a minor. Maybe he also told them the sex was forced and happened on more than one occasion. Now, we have the suspect talking to his mother saying it was only once and it was "consensual" (as in, not forced). Now, I ask you, who has the motive here to lie?

Now, I can tell you that the case is NOT built around the therapist's accusation. The therapists statement is hearsay and will not be proof of the act. Before taking any action the police almost certainly spoke to the alleged victim in this. This victim likely affirmed the story of the sex. The therapist's information then becomes merely a catalyst to begin the investigation.

Even if the therapist lied or was mistaken (and there is a distinction), the investigation would have occurred be it one time or a dozen times.

The defendant may have an opportunity at trial to cross examine the therapist. If so, then maybe they can get him to admit a lie. But, if he sticks to the story that the client admitted to multiple acts, then a jury will have to decide how much weight to give the statements. Of course, when the defendant takes the stand (assuming his attorney needs to do so) the defendant will admit to one act and thus to the crime. I suspect a jury will find the therapist more credible.

An unfortunate part of this is that mom has put herself into a bad position as being a potential witness for the prosecution! As there is likely no parent-child confidentiality law in the state of occurrence, she could potentially be called to the stand to acknowledge her son admitted to the sex.

If he has the money when this is all said and done, he can certainly hire an attorney to try and make the therapist's life miserable. But, ultimately, it was the defendant's actions that got him here. And assuming the therapist acted according to state guidelines, he is almost certainly immune from any lawsuit as a result.

- Carl
 
Maybe I haven't had enough caffeine today, but ... ????

- Carl
 
What I think raskalnikov is trying to say is that if the therapist hadn't lied,then the police would not have come knocking on his door, and hence he wouldn't ba facing charges. However, I don't agree that the therapist did lie in the first place.

Regardless of what the therapist said, he told his mother that he did it, therefor he is guilty. It doesn't matter if he did it one time or multiple times. He was obviously and adult when it happened, otherwise he wouldn't be facing these cahrges. She was a minor. Case closed.

Nana - I'm sorry that you are in this prediciment, but it doesn't matter how bad your son felt afterwards, he still commited the crime. He should never have given in, and he did. If nothing else, he should ahve told the daughter to find some guy at school to land in bed with. I'm sure there were plenty of 13 and 14 year old boys who would have formed a line for that. Keep in mind, I'm not saying that's the right thing to do, but it's certainly better than what he did end up doing.
 
tpajet said:
What I think raskalnikov is trying to say is that if the therapist hadn't lied,then the police would not have come knocking on his door, and hence he wouldn't ba facing charges.
Click to expand...
Well, since even the OP's son (the suspect) admits to an unlawful sexual encounter with a minor, whether the therapist "lied" about the suspect confessing to multiple times or force, or just once without force, the police would likely have been involved anyway.

Plus, the police would not act solely on hearsay. They would have gotten confirmation from the victim and, probably, the victim's mother.

Regardless of what the therapist said, he told his mother that he did it, therefor he is guilty. It doesn't matter if he did it one time or multiple times. He was obviously and adult when it happened, otherwise he wouldn't be facing these cahrges. She was a minor. Case closed.
Click to expand...
Except for proving it at trial. If the defendant shuts up, and the state doesn't think to subpoena mom or the therapist to the stand, then he could skate if the victim comes off as not credible. Unfortunately, far too many girls who were sexually active at 13 have checkered pasts and run-ins with the law that make them very problematic witnesses. I am not sure if that is the case here, but if the defense does not put the defendant on the stand, the state will have to prove through the victim's statements and the corroboration of others that the act occurred.

Plus, if this is an issue of a person in a position of responsibility of the child, it could be a much more serious offense than a "simple" statutory rape offense.

- Carl
 
Well, as I said, I don't believe the therapist is lying. I'm just saying that is what I think raskinikov's view is.

Also, let me clarify when I said he was guilty - I meant for the purpose of this conversation. I understnad that court is another thing. But rask. keeps on that the therapist is lying, as though it didn't happen, even though the guilty party has admited to doing so.
 
OK, but as previously stated, there surly has been some interviewing of the 13 year old at this point, so what exactly the terapist said is moot. Weather the shrink said it happened once or 20 times doesn't matter. He DID do it at least once, and after interviewing the 13 year old (now 16 I guess) they would have had a propper story to go on.

Here's the question I have rask - why do you think the shrink is lying?
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top