Jeuvenile rape conviction done properly??

Zigner said:
The girl was going to tell the police that she wasn't RAPED. The police didn't say "it didn't matter, you're under 18". No, the police told her that she could get prison time for lying, which is when the girl decided not to change her story after all.

To ME, this seems more like RAPE (PC 261) than Unlawful sexual intercourse (PC 261.5). In fact, PC 264(c)(2) states: "(2) Any person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older shall be punished by imprisonment in the state prison for 7, 9, or 11 years", which would seem to fit the 7 year sentence that the guy received.

Without knowing what the guy was actually convicted of, this is, of course, all conjecture.
Click to expand...

He was convicted of rape. Not statuatory, but actual rape with forced oral copulation.

(Backstory- The mom walked in on her giving him a blow job and flipped out since they were a really catholic family. The girl was grounded and mom was going to make her transfer to catholic school. While she was grounded, my brother got a new girlfriend and the girls story changed. It wasn't until he was sentenced that she offered to tell the truth, but the DA scared her out of it. She said she was sorry, though- like that matters in the long run.)
 
Redemptionman said:
Which is what I thought, you can try expungement pay the money and have it denied 2-3 times then throw it up to the governor for a pardon. I feel for your situation but it is what it is. Lots of corporate law firms specialize in this sort of thing. Find one and fight it, you are looking at years possibly up to 10 or more in order to see a positive result. That is IF he stays clean and is a good boy/ citizen with no more felony or misdemeanor charges during that time.

Good Luck!
Click to expand...


Thank you. Its already been 25 years since it happened with no incidents save a violation of parole when he got drunk then had to pee test. But thank you. I guess Ill try a lawyer.
 
zddoodah said:
Sorry...I guess you were present for the communication. I wasn't.
Click to expand...
I was basing what I said on the information that was given. If the information was wrong, then talk to the 3rd-party OP about it.
 
Mmurf said:
Thank you. Its already been 25 years since it happened with no incidents save a violation of parole when he got drunk then had to pee test. But thank you. I guess Ill try a lawyer.
Click to expand...


Find a good one, one you trust as I would imagine this will not be easy to get off his record. The firm you select, you need to ask them if they are willing take this to the top if necessary? 2-3 expungements, supreme court, up to and including a pardon submission. You find the right firm it could result in success in some part of the process. Also realize this will not be a cheap process and could add up fast.

Good Luck....
 
Redemptionman said:
Find a good one, one you trust as I would imagine this will not be easy to get off his record. The firm you select, you need to ask them if they are willing take this to the top if necessary? 2-3 expungements, supreme court, up to and including a pardon submission. You find the right firm it could result in success in some part of the process. Also realize this will not be a cheap process and could add up fast.

Good Luck....
Click to expand...
Why do you think the OP needs an attorney?
 
Zigner said:
Huh?
The OP simply does not need an attorney. The OP isn't involved in the matter, legally speaking. It really is quite clear.
Click to expand...

I thought it was the OPs son and not their sibling. I bet they will help with the selection of the attorney. I at least I assumed they would be willing to help select and pay for their services.
 
Redemptionman said:
I thought it was the OPs son and not their sibling. I bet they will help with the selection of the attorney. I at least I assumed they would be willing to help select and pay for their services.
Click to expand...
Making suggestions and offering financial assistance is really the extent of what they can "help" with (and the suggestions might hurt more than they help).
 
Note 261.5 three year thing is for the "unlawful sexual intercourse" (AKA statutory rape) charge. Use of force, duress, or fear of violence, or if the victim was intoxicated, no matter what the relative ages is rape under 261PC , and that is punished under 264 PC and is always a felony
 
Zigner said:
Huh?
The OP simply does not need an attorney. The OP isn't involved in the matter, legally speaking. It really is quite clear.
Click to expand...

Yeah, but its my brother. He is institutionalized and doesn't know how to deal with the issues in his life. Heck, I have a college degree and barely know how to handle the cards he was dealt, so I don't expect too much from him. Still, he's family so I want to point him in the right direction and help where I can.
 
flyingron said:
Note 261.5 three year thing is for the "unlawful sexual intercourse" (AKA statutory rape) charge. Use of force, duress, or fear of violence, or if the victim was intoxicated, no matter what the relative ages is rape under 261PC , and that is punished under 264 PC and is always a felony
Click to expand...

Makes sense. So expungement is a stretch. What about registering for life or removing it as a strike? Is there any leniency if the crime was committed when the offender was a juvenile?
 
Mmurf said:
Thank you for not answering the question and pointing out the obvious fact that since Im not an attorney I cant do much on my own to help him.

I would like to say that despite the popularity of the me too movement, Very rarely are girlfriends raped by boyfriends. Im a girl and neither myself nor any of my friends have ever been raped by our boyfriends or even heard of anybody getting raped by their boyfriends. Im a feminist and support the idea that we should be believed even if we are up against a society that still tends to put men above women, but I also know the circumstances of this case. My brother had moved on to a much prettier girl and she didnt take it well. There was no physical evidence- just his word against hers. This is a real world application of the phrase Hell hath no fury like a woman scorned. So spare me the tone if youre not going to offer constructive advise.

In california a juvenile rape charge can either be a tier 2 or tier 3 offense depending on the court the kid was tried in. My brother was tried in juvenile court so shouldnt that be a tier 2 offense? I dont give a crap if its expunged, I just dont want him to have to register as a sex offender forever. Hes suffered enough for something he didnt do. I just want him to be able to get a job and function in society without people judging him. As you have just shown, sex offenders are rarely given a second chance or the benefit of the doubt.
Click to expand...

FYI - you are completely wrong in saying "very rarely are girlfriends raped by boyfriends." Intimate partner violence is probably the most common form of violence/domestic violence. Yes a boyfriend can rape a girlfriend. It doesn't matter if a preexisting relationship exists - whether long term, short term, marriage - for rape to happen. It's extremely dangerous to have the mindset that someone can't rape their partner or that it 'never' happens. Also this: "Im a girl and neither myself nor any of my friends have ever been raped by our boyfriends or even heard of anybody getting raped by their boyfriends." Good for you that you've never been raped by an intimate partner or a date - or anyone. I was almost raped by a boyfriend - thankfully it didn't get that far. However, I have been sexually assaulted by coworkers. So spare me with your "I'm a feminist but..." You aren't a feminist. Anyone can be a victim - and anyone can be a predator. It's not gender specific.

The fact of the matter is YOU legally have no bearing on this case. The best you can do for your brother is to help him find a lawyer.
 

Share this page

Get a free case review from a lawyer
Back
Top