Articles Posted in Sex Crimes

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Two Chicago men have been charged with unlawful restraint, aggravated assault, aggravated robbery and aggravated criminal sexual assault with a weapon for allegedly luring escorts to vacant office buildings in an attempt to rape and rob them.

Sexual Assault of Escorts

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Upon first hearing of this case, many people might think, “How could these women have been raped, when they were hired for sex?” (Although not all escorts provide sex to their clients, for this post we will assume these women intended to do just that).

In a prior post I discussed a similar case involving a McHenry County man convicted of raping prostitutes he connected with via Craigslist. So although these women went to the building with the intention of having sex with the defendants, under the law they may withdraw their consent at any time.

Whether consent was granted or withdrawn is difficult to prove in sexual assault cases, and always comes down to a he said-she said argument. It is particularly difficult to prove lack of consent in cases involve sex workers, since sex was the whole motivation for the defendant and alleged victim to meet. In these cases, the best defense would be to provide evidence showing that the alleged victims only claimed lack of consent because the encounter did not go as planned.

Assault of Chicago Escorts: Business Deal Gone Wrong

Encounters with prostitutes or escorts are a business deal, so the strongest defense (assuming forensic evidence proves that sexual intercourse took place) is to provide evidence of a business deal gone wrong, and the alleged victims fabricated or exaggerated the events in retaliation.

Like any business deal, the women likely quoted the defendants a price for their services. Upon arriving at the building and completing the transaction as planned, the defendants may not have been able to pay the quoted price. Or they may not have ever intended to pay. In either event, this would not constitute sexual assault – instead, it would be theft of services. However, a sex worker would not be able to press charges for such a crime, since prostitution itself is a crime. Their only recourse, then, would be to fabricate a claim of sexual assault, as well as all other charges as retaliation.

It is important in sexual assault cases which rest on consent, or lack thereof, to examine all of the evidence – forensic and eyewitness – as well as the circumstances that led to the meeting and details regarding the sexual intercourse, to determine whether it can be used to prove or disprove consent.

Defense in Case Involving Multiple Defendants

In cases involving multiple defendants, if the facts tend to show that a guilty verdict is likely, an experienced criminal defense attorney will work with his client and the prosecution to obtain a lesser sentence or to have charges reduced in exchange for cooperating with the prosecution.

In cases involving multiple defendants, it may be that one defendant instigated the crime, or that one did not actively participate, but was only an accomplice or unwilling participant. In these cases, the prosecution may be willing to cut a deal in exchange for testimony to convict the co-defendant. This is an especially attractive proposition to the prosecution in cases where lack of consent may be difficult to prove, such as in the case of a sex worker where the jury may believe she could not be raped since she sells sex for a living.

David L. Freidberg has worked with many Chicago prosecutors throughout his almost 20-year career to successfully negotiate a plea deal for his clients that save them substantial prison time. He will put these negotiation skills to work for you. Continue reading

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A Chicago man out on bond for a sexual assault charge was arrested recently for an unrelated murder. The defendant, who is accused of raping three girls last year along with eight other men, allegedly shot two men on Chicago’s west side; one of the men died at the scene, while the other suffered a gunshot wound to the arm.

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Chicago Defense of Unrelated Crimes

This case is a criminal defense attorney’s nightmare – a client, out on bond, gets arrested for committing a second crime. And in this case, the second charge is worse than the first. But it does raise a variety of possible defense tactics, whether it is the same attorney representing the defendant on both charges, or if the defendant has one attorney for the sexual assault charge and one for the murder charge.

Of course, the typical defense against both crimes would be present here. Defense against the sexual assault charge would include:

  • Mistaken identity;
  • Lack of DNA evidence tying the defendant to the sexual assault;
  • Consensual sex, if DNA evidence is present;
  • The defendant was forced to participate in the sexual assault by the other participants, under threat of great bodily harm (committing a crime to prevent injury is not a true defense, but may result in a lesser sentence due to mitigating circumstances), or;
  • The victims fabricated the story in retaliation for some unknown slight, or because they were later embarrassed to have consented to sex group sex.

Defense against the murder charge would include:

  • Mistaken identity;
  • The defendant was not the one who fired the gun (this would require ballistics analysis by a team of forensic experts); or
  • The defendant fired in self-defense (if it can be proven he was the one who fired the gun).

But, assuming the prosecution has enough evidence to take both cases to trial, the two pending cases give the criminal defense attorney leverage in negotiations to enter into a plea agreement or to have the charges reduced.

The defendant is one of nine men allegedly involved in the 2013 rape of three women. In a gang rape, it is likely that one of the men was the ring leader; there may be one or more men who have committed prior sexual assaults that the police have not linked them too. If the defendant can help the prosecution bolster its case against other men involved in the rape, or if he has knowledge of any unsolved sexual assaults any of the defendants may have been involved in, the defense attorney may be able to strike a deal with the prosecution for a reduced sentence or a reduction in charges in either the murder case, sexual assault case, or both.

Likewise, the criminal defense attorney can leverage the defendant’s testimony in the murder case to seek a reduced sentence in either the sexual assault case, the murder case, or both. If the co-defendant in the murder case was actually the one who pulled the trigger, and the defendant is willing to testify to that, thus allowing the prosecution to gain a conviction on heightened charges, the prosecution may be willing to strike a deal.

It is always the goal of any criminal defense attorney to achieve an outright dismissal of charges, or to obtain an acquittal in court, for his client. But when the evidence shows that the defendant is likely to be convicted, an experienced criminal defense attorney knows when to use any leverage available to help his client win a reduction in charges or a reduced sentence.

Continue reading

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In 1983, a Cook County jury convicted Stanley Wrice of rape and deviant sexual assault and sentenced him to 100 years in prison. Through the years Wrice claimed his innocence, saying that his confession was the result of police torture at the hands of detectives working under the command of former Police Commander John Burge, who has since been convicted on charges of abuse, perjury and obstruction of justice.

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Wrice was released from prison in December 2013, after a judge threw out his conviction, finding that his confession had been the result of torture. Wrice had spent 31 years in prison.

Last week, a Cook County judge denied his request for an innocence certificate, ruling that Wrice had failed to prove his innocence by a preponderance of the evidence.

Proving Innocence of Chicago Crime

How could Wrice have had his conviction overturned due to a coerced confession, but be denied an innocence certificate? Because of the difference between actual innocence and innocence in the eyes of the law.

Dismissal of one piece of evidence does not necessarily mean acquittal. The court must determine whether there is a likelihood that, even with the evidence that was tossed out, the remaining evidence against the defendant supports the guilty verdict. If so, the conviction must stand.

That is what happened in Wrice’s case. There is no dispute that he was tortured at the hands of the police, or that his statement was made under duress as a result of that torture. But the court found that, even with the lack of a confession, there remained sufficient evidence of his guilt to deny issuance of the innocence certificate. That evidence included, strong circumstantial evidence, eyewitness testimony, and physical evidence recovered at the scene. The court’s ruling also stated that Wrice’s testimony that he was present in the house during the rape but had no idea what was going on defied common sense.

So despite the fact that Wrice’s conviction was tossed out in December based on the coerced confession, the court denied the innocence certificate, finding that he had failed to prove his innocence beyond a preponderance of the evidence.

Actual Innocence vs. Not Guilty

This case highlights the difference between actual innocence and a not guilty verdict. A defendant who is “actually innocent” is just that – innocent of the crime as charged. Whether it was a false accusation, a case of mistaken identity or police corruption, the defendant was arrested, charged and convicted for a crime he did not commit.

But “innocent in the eyes of the law” is different. A defendant can be found not guilty at trial, but that does not necessarily mean he is actually innocent of the crime as charged. A “not guilty” verdict in court does not mean that the court finds the defendant innocent. Instead, it means that the prosecution failed to meets its burden in proving that the defendant is guilty beyond a reasonable doubt. And the judge in this case ruled that even without the confession, there was sufficient evidence to support the defendant’s guilt.  Continue reading

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An Illinois Court of Appeals reversed the conviction of an Illinois man on charges of criminal sexual abuse, finding that evidence of other sex crimes allegedly perpetrated by the defendant was inadmissible. Without that evidence, there was an insufficient basis for upholding the conviction.

People v. Puccini

The defendant, Leonard Puccini, was charged with criminal sexual abuse after allegedly spanking the bare bottom of a 12-year-old boy for his own sexual gratification. At trial, the court admitted evidence in the form of witness testimony from two older bofile000704919536ys (now adults), both of whom alleged that Puccini sexually abused them in the 1990s (though he had not pulled their pants down and spanked them).

Illinois law allows evidence of prior charges or accusations of criminal sexual abuse to be admitted at trial to show the defendant’s propensity for committing sex crimes. Evidence of other alleged bad acts is admissible only if the probative value of the evidence – meaning that the evidence will assist the jury in its determination – outweighs any potentially negative effect. The fear is that evidence of prior bad acts will sway the jury to render a guilty verdict based not on the evidence in the case, but because it paints a picture of the defendant as an overall bad person. Just because a defendant committed a prior similar act does not mean he committed the act for which he is currently charged, which is why the court must carefully consider whether the evidence will unfairly sway the jury to find the defendant guilty.

When weighing the probative value of evidence, the court must consider:

  • The proximity in time to the charged offense;
  • The degree of similarity to the charged offense; and
  • Other relevant facts and circumstances.

On appeal, Puccini’s attorney argued that the negative effect of the two witnesses’ testimony outweighed any potential benefit. No charges were brought against Puccini for the prior alleged crimes, and they allegedly occurred almost 20 years prior. In addition, the acts were not similar. The witnesses testified that, following the abuse, which allegedly involved Puccini touching their private parts, he then masturbated, thus fulfilling the “for his own sexual gratification” element of sexual abuse.

The testimony of the young boy in the present case was inconsistent on whether Puccini masturbated following the spanking. Statements he made to the police differed from what he said at trial, and his testimony that Puccini went into another room to sexually gratify himself after the spanking was not credible. The boy testified he only heard “tapping noises” in another room, and although he initially told police he thought Puccini had an erection, he admitted that he never turned around to look at Puccini after the spanking.

The Appellate Court noted that the trial court, in rendering its decision, relied solely on the testimony of the two adult males in determining Puccini’s actions were for his own sexual gratification. Yet the earlier crimes, if committed, were worse than the crime for which Puccini was currently on trial, causing the Appellate Court to rule that the prejudicial effect of the witnesses’ testimony outweighed any probative value.

Without the testimony of the two witnesses, the Appellate Court found that there was not enough evidence to support Puccini’s conviction. In this instance, the defendant cannot be retried – double jeopardy prohibits a defendant from being tried again in order for the prosecution to provide evidence it failed to produce in the first trial.  Continue reading

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A Chicago woman was arrested for her role in the alleged sexual assault of a Chicago man at gunpoint. The defendant and her friend picked up the man in their car as he walked down a Chicago street and proceeded to assault him.

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Sexual assault of a man can – and does – happen. Rape is traditionally an underreported crime, even more so for men than women. But the most recent statistics indicate that 38 percent of sexual assaults occur against men by women. Other studies estimate that 1 in 10 adult males will be the victim of a sexual assault.

The word “rape” typically elicits an image of a man forcing a woman to engage in unwanted sexual intercourse. But Illinois sexual assault laws are gender neutral. Criminal sexual assault requires penetration by any object. If the woman causes the male to penetrate her, whether forcibly or through threat of force (for example, at gunpoint, which was alleged in this case), or if she uses any object to penetrate his anus (including fingers), that constitutes penetration under the law.

Criminal sexual abuse requires an act of sexual conduct by force or threat of force (again, at gunpoint would qualify). “Sexual conduct” includes touching of sexual parts. In this case, forcing the alleged victim to fondle the woman’s breasts constitutes an act of sexual conduct that could result in a charge of sexual abuse.

Defense Against Sexual Assault

Defending a charge of sexual assault against a male is no different than defending a charge of sexual assault against a female. In the above case, as in the majority of sexual assault cases, there were no eyewitnesses other than the three parties involved. Therefore, the case comes down to “he said-she said.”

Some sexual assault claims are fabricated in an attempt to retaliate against the alleged offender for some perceived transgression, or else stem from a sense of regret that the sexual conduct occurred. This is especially true in cases that begin consensually. In such cases, a careful review of the circumstances leading up to the alleged crime is necessary to determine whether the crime was fabricated as an attempt to save face, or to retaliate against the alleged perpetrator.

In the case mentioned above, where the victim willingly entered the defendant’s vehicle, it is possible the man originally intended to purchase sex. An investigation into his criminal background could reveal prior arrests and/or charges of solicitation or attempted solicitation. This, in turn, could support a defense that, after the parties engaged in consensual sex, the defendant committed an attempted robbery, and the man retaliated by filing the sexual assault claim.  Continue reading

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A Chicago police sergeant was relieved of his duties after being charged with one count each of predatory criminal sexual assault and aggravated criminal sexual abuse of a 9-year-old girl. The alleged victim is the daughter of the sergeant’s co-worker, and defense attorneys claim that the nature of the relationship between the accused and the alleged victim’s mother will make clear why allegations were made.

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False Allegations of Child Sex Abuse

The defendant’s attorneys have not yet elaborated on the nature of their client’s relationship with the victim’s mother. We can assume, however, that the defense will attempt to prove that she is, in some way, a jilted lover – that the two either had a prior romantic relationship that the defendant ended, or that he previously rebuffed her advances – or a disgruntled employee, and is retaliating with false allegations of sexual abuse.

It may seem impossible that anyone would make false allegations of sexual assault as retaliation. Punishments for a sexual assault conviction are serious, involving lengthy prison sentences and sex offender registration requirements. Even the charges themselves, whether they are ultimately dropped or if the case ends in acquittal, carry a stigma that can forever damage the accused’s professional and personal reputation. Somebody would have to carry a huge grudge to falsely accuse another person of sexual assault.

Unfortunately, false allegations of sexual assault are not uncommon. They arise far too frequently in hotly contested child custody cases, as a way to ensure that custody is not awarded to the father. If the child is young, she is susceptible to being coached or having false memories of abuse planted. They will often repeat the false story because they want to please the mother (or whichever party is coaching them).

In a case of false allegations, there are two victims – the accused, and the child who is put in the middle. In these cases, the defense attorney must walk a fine line between zealously defending his client and not causing further harm to the child. In this particular case, there are two children who may have been coached – the alleged victim and her brother, who was the first to witness the alleged abuse and notify his mother.

In cases such as these, where there appears to be some type of bad blood between the accused and the child victim’s parent, it is imperative for the defense attorney to not only have a clear understanding of the relationship between the two adults, but to also explore the mother’s background to determine whether there is a pattern of false allegations of any kind against former lovers or co-workers.

An independent evaluation of the alleged victim by a child psychologist trained in treating not only victims of child sexual abuse, but also those who have been coached to make false allegations, is also vital, especially if the statement the alleged victim made to the authorities was done so in the presence of her mother. A review of the victim’s statement to police, along with a viewing of any tape recording made of the interview, is also necessary, in order to see if the mother was present and coached the child in any way.

Continue reading

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A Buffalo Grove woman reported being awoken in her bed at 4 in the morning to a strange man straddling her in what police are calling an attempted sexual assault.  The woman allegedly fought the man off, and he escaped through a patio door. No arrests have yet to be made.

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Defense Against Illinois Attempted Sexual Assault

While there is currently no suspect in the case and no charges have been filed, this case is an excellent example of many issues that arise in home invasion and sexual assault cases, and illustrates the importance of hiring an experienced Chicago sex crimes attorney. An acquittal in a case like this depends on the criminal defense attorney’s ability to show the jury how the prosecution’s evidence does not rise to the level of reasonable doubt.

Chicago sexual assault attorney David L. Freidberg has more than 17 years of experience handling all types of sex crimes cases, and knows what it takes to win an acquittal or achieve a reduction in charges. Issues that David L. Freidberg and his team of forensic experts would examine in an attempt to pick apart the prosecution’s case include:

Identification of suspect. The woman was awakened from a deep sleep at 4 in the morning. Groggy from sleep and seeing the alleged assailant in the dark make any identification from a police lineup questionable, as she only had a brief, darkened view of him. Her description of him to the police was extremely generic, with no real identifying characteristics that could distinguish him from any other white male of similar age and build.

Lack of forced entry. The suspect allegedly escaped through an open patio door; there were seemingly no signs of forced entry. The lack of forced entry raises doubts that this was a home invasion. Perhaps the alleged victim had invited the man in to her home earlier that evening, and then changed her mind and kicked him out because she has a boyfriend, fiancé or husband and felt guilty or got caught. Claiming home invasion and attempted sexual assault was a means to avoid their anger.

Earlier home invasion in the neighborhood. Police reported that a similar home invasion (minus the attempted sexual assault) occurred a month ago in the same condominium complex. It is possible that this was the work of the same individual, and perhaps he was upping his game. Or, going along with the scenario that the alleged victim was trying to save face, it could be that she was aware of the prior home invasion and tacked that on to her story of attempted sexual assault, thinking it would make her story sound more believable.

Lack of physical evidence. Because there was no sexual assault, there is likely no DNA evidence that can tie any future suspect to the attack. Even if a DNA sample can link the suspect, the presence of DNA in the form of semen only proves that sexual intercourse happened. It does not prove the sex was non-consensual.

David L. Freidberg would thoroughly examine the evidence to see if these and any other issues could be raised to cast doubt on the victim’s story and the prosecution’s ability to prove it beyond a reasonable doubt.  Continue reading

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Elgin police are asking local legislators to enact legislation that would make it easier to arrest individuals convicted of Illinois sex crimes who fail to comply with sex offender registration requirements. Illinois law requires all registered sex offenders to notify local law enforcement within three days of moving. But Elgin police complain that a 2013 Illinois Appellate Court decision makes their job harder and requires the utilization of too many resources in order to enforce the registration requirements. They are asking local legislators to create a new law that would in effect overturn the Appellate Court’s decision.

Illinois Sex Offender Registration Requirements

Illinois residents convicted of a sex crime must register as a sex offender:

  • Every year for 10 years for a ‘regular’ sex crime;
  • Every 90 days for life, if you are adjudicated sexually dangerous or sexually violent;
  • Every year for life if you are classified as a sexual predator; or
  • Every 90 days for the remainder of the registration period if you are convicted of violating the registration requirement.

In addition, registered sex offenders must notify local law enforcement of their residence within three days of moving. Law enforcement is required to verify each registrant’s address at least once per year.

Failure to comply with the registration requirements is a Class 3 felony for the first offense; additional offenses become Class 2 felonies.

People v. Robinson – Increasing the Burden of Proof in Sex Offender Registration Cases

In People v. Robinson, the defendant was convicted by the trial court for failing to inform law enforcement of a change in his address. Defendant appealed, arguing that the prosecution had only shown that he was not present at the address he had listed on his sex offender registration, and not that he had established a new fixed residence for more than five days, as the statute required.

The Illinois Appellate Court agreed with the defendant and reversed the trial court’s decision. In its ruling, the court stated that a conviction for failure to register under the sex offender registration law required that the defendant have a change of address AND that he lived at the new address for more than five days. The police did not fulfill its “affirmative obligation to investigate the charge,” instead assuming that because the defendant had apparently not resided at the registered address, he was residing somewhere else.

Elgin police claim that being required to prove that a registered sex offender has been living someplace other than his registered address for more than five days is burdensome. They cited one case where they expended 25 man hours to conduct surveillance and record-checking to determine where the registrant was living.

But given that a conviction for failing to comply with registration requirements may impose additional prison time and increase the burden of registration, the amount of resources expended by police in order to prove a registered sex offender has moved is a small inconvenience for them to pay. Continue reading

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A Will County, Illinois man whose conviction on charges of predatory sexual assault was overturned by the Illinois Appellate Court, lost on his bid to have the re-trial on those same charges dismissed due to concerns that the prosecution violated his right against double jeopardy.

Double Jeopardy in Illinois Sexual Assault Case

In People v. Ventsias, the defendant was convicted of one count of predatory sexual assault of a child and sentenced to 11 years in prison; he was acquitted on one count of aggravated criminal sexual abuse. The Illinois Appellate Court reversed the conviction due to a finding of juror bias, and ordered the defendant to stand trial again on the predatory sexual assault charge only.

Prior to the start of the new trial in 2012, the defendant agreed to a plea agreement whereby he would plead guilty to the charge of aggravated criminal sexual abuse – the charge which the jury had initially acquitted him of committing – in exchange for the prosecution not pursuing the predatory sexual assault charge.

Following the defendant’s entry of the guilty plea, the prosecution moved to vacate the plea due to concerns raised by the trial court that the plea may have been invalid due to double jeopardy concerns. Namely, the court was not convinced that Ventsias could waive his right to plead guilty to aggravated criminal sexual abuse, since he had already been acquitted.

The prosecution then moved for a second trial on the charge of predatory sexual assault of a child. Ventsias objected and filed a motion to dismiss, claiming that double jeopardy attached due to the prosecution’s prior agreement to no longer pursue the charge.

When Double Jeopardy Attaches in Illinois Criminal Cases

In a previous blog I discussed a recent United States Supreme Court case, Martinez v. Illinois, in which the court ruled an Illinois defendant could not be retried because double jeopardy attached. In that case, the prosecution refused to participate in the trial, and the trial court granted defendant’s motion to dismiss. The U.S. Supreme Court upheld the dismissal, citing the long-held rule that “jeopardy attaches when the jury is sworn in.”

Like Martinez, the jury in People v. Ventsias was sworn in. Why, then, did double jeopardy not attach to Ventsias, when it did in Martinez?

Because there are exceptions to when double jeopardy attaches.

If the defendant’s conviction is overturned on appeal, the prosecution is generally free to re-prosecute the case. This is because, unless the reversal was due to insufficient evidence proving guilt, the reversal is usually due to some error made during the trial, whether the admission of inadmissible evidence or some other violation of criminal procedure that interfered with the defendant’s ability to obtain a fair trial. In these cases, although technically the defendant is being retried for the same crime, the first trial is considered null and void because the parties involved did not play by the rules.

In Ventsias, the defendant’s acquittal was overturned on appeal due to juror bias, and not because the appellate court found insufficient evidence of his guilt. So although the jury had been sworn in, double jeopardy did not attach.

Ventsias argued that double jeopardy attached when the prosecution agreed not to re-file the predatory criminal sexual assault charges. Therefore, even though the plea agreement was dismissed, according to Ventsias the prosecution could not re-try him for predatory criminal sexual assault.

The appellate court dismissed Ventsias argument, stating that the basis for the plea agreement was unconstitutional. According to the court, double jeopardy is a right so fundamental to our criminal justice system, that a defendant cannot waive it. Therefore, because his waiver was unconstitutional, the prosecution was not bound by its earlier agreement to not re-prosecute Ventsias for predatory criminal sexual assault.

It remains to be seen whether the defendant will appeal the court’s decision, and whether, if accepted, the Illinois Supreme Court would rule on whether a defendant can waive his right to double jeopardy.

Criminal laws are in place to protect the rights of the accused. While the state cannot infringe upon those rights, the defendant should have the right to waive them if, pursuant to his attorney’s advice, it is in his best interest to do so.

In this case, a conviction on a charge of aggravated sexual abuse carries a maximum prison term of seven years – four years less than what Ventsias had been sentenced to under the predatory sexual assault charge. So it was in Ventsias’ best interest to waive his double jeopardy protection and plead guilty to the lesser charge, even if he had already been acquitted. It does not seem right that the court can take that away from a defendant.  Continue reading

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In a previous post I discussed the right of every Illinois criminal defendant to a speedy trial and touched on how in some cases, it may be to the defendant’s advantage to waive that right.  An arrest warrant issued earlier this month against a 41-year old Rolling Meadows, Illinois man on charges of second-degree sexual assault and false imprisonment is an excellent example of a time when waiver of that right may prove favorable to the defendant.

Advantage to Not Invoking Chicago Right to Speedy Trial

In 2012, a Rolling Meadows, Illinois man known by the street name “Joker” allegedly locked a then 16-year-old girl at a party, threatened to kill her if she screamed and then sexually assaulted her. After the defendant left the bathroom, the girl went home and slept; several hours later she told her mother what happened and went to the hospital for a rape examination. The defendant had distinctive tattoos that helped police eventually determine his identity.

So what is it about this case that would recommend that the defendant waive his right to a speedy trial?

It has been two years since the alleged crime occurred – and it could be even more before the defendant is arrested. In her statement to police just a few hours after the alleged attack, the girl stated that she could not remember all the details of the attack. Memories fade, so the more time that passes between the alleged attack and the criminal trial makes the girl’s testimony, which was weak to begin with, only weaker. The testimony of other potential witnesses, including the girls’ friends who helped her return home and the girl’s mother, will also suffer from the passage of time.

The passage of time may also impede the prosecution’s ability to convince the girl to cooperate and provide testimony. If the assault did in fact occur, she may not want to relive the incident by going through a trial, especially since an experienced sex crimes attorney would use her admission that she cannot remember all the details of that evening to poke holes in her testimony.

As far as the girl’s friends who were with her at the time of the incident, the prosecution may be unable to locate and secure their testimony for trial as well. They may have started over in a new city, enrolled in college, or started families – all things that could make them unwilling to cooperate. The circumstances surrounding the incident – accepting an invitation to a party with adult men they did not know – may also be embarrassing to them in their new lives and not something they would not willingly revisit. Already their memories are tainted with the passage of time – add hostility to the mix and you have a witness with the potential to react negatively in court, making her testimony all the more suspect.

In this case, where the alleged victim’s memory was already shaky within hours of the crime occurring, the passage of time can only help in the defense, and it would be more advantageous to not invoke the right to a speedy trial.  Continue reading

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