Statutory Rape Charge Reduced by Challenging Witness' Credibility

RALEIGH, NC, May 09, 2011

A Roberts Law Group PLLC client was facing a serious statutory rape charge when attorney Patrick Roberts stepped in to defend against the charge. By challenging the credibility of the accuser, criminal lawyer Roberts was able to negotiate a reduction in the statutory rape charge to indecent liberties with a minor. This reduction led to a decrease in the amount of possible prison time from nearly 25 years to 10 to 12 months.

The facts of the case aren't all that uncommon in North Carolina because many don't realize the consequences stemming from sex with a minor. In this case, a 20-year-old male was caught engaging in alleged sexual contact with a 14-year-old girl by the girl's mother. Whether or not the girl consented to the sexual interaction is irrelevant because of her age. Anyone between the ages of 13 and 15 in North Carolina is not legally able to consent to sex and is considered a minor for the purposes of a statutory rape charge, which requires the state to prove that sexual intercourse occurred.

Therefore, when the statutory rape charges were brought against the 20-year-old male, he was facing a very serious criminal charge with a maximum sentence of nearly 25 years in prison. While the facts were not generally in his favor, the credibility of the witness and the accuser were also in question. Criminal lawyer Patrick Roberts raised enough doubt about the credibility of the witnesses, the girl's mother and the alleged victim, to allow room for negotiations with the assigned Assistant District Attorney (ADA) in Giulford County.

Attorney Patrick Roberts also relied on his thorough understanding of evidence to question whether the ADA would be able to prove that penetration occurred between the girl and the man before they were caught together. Without critical DNA evidence, the ADA would have difficulty demonstrating that the two actually had sexual intercourse, Mr. Roberts argued. Raising this issue proved invaluable in getting a reduction in the charge from statutory rape to indecent liberties with a minor.

Anyone facing a similarly serious sex crime allegation, such as statutory rape or child pornography, should not hesitate to contact the Roberts Law Group PLLC for legal advice. The attorneys are knowledgeable and take the time to understand the incident that has led to a criminal investigation or criminal charges. This is often the most important step in fighting for your rights in the criminal process.

Website: http://www.robertslawteam.com