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Asked over 2 years ago - West Covina, CA
FlagMy friend is being accused of a sex act. His exgirlfriends daughter accused him of kissing her on the mouth. She has accused him of kissing her on the mouth not touching her in any way just kiss. My friend has been going to court for over a year is not in custody but is getting ready for the trial. The girl now 15 has changed her story, she wrote him a letter apologizing that she lied, she did not like him and wanted her mom to break up with him. This has been presented to the court and now his public defender is saying he is worse off. Why?
I agree with Mr. Badwan's answer. I don't see how this would make your boyfriend worse off. That is, unless the prosecution is somehow alleging that the change in story is due to some type of treat or coercion by your boyfriend or someone acting on his behalf. Otherwise, this goes directly to addressing the alleged victim's credibility, or lack thereof. It also gives the motive as to why she made up the story to begin with. In these type of sex cases, I feel if you can identify the motive as to why the alleged victim would lie, you are on your way to a not guilty verdict. You now have not only a motive for her lying, but her stating she in fact lied. It doesn't generally get much better than that without the government dismissing outright. Of course, there is no mention of any other potentially negative facts in your post.
Good luck to you and your boyfriend!
I do not believe he is worse off; if anything his chances of obtaining a not guilty verdict have increased significantly. When witnesses/victims change their stories, it tarnishes their credibility. In criminal trials, the State has the burden of proving the Defendant guilty beyond a reasonable doubt. I can not fathom how a Judge or Jury can convict based on unreliable testimony.
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