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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I live in Oklahoma. My 18 year old son had a girlfriend who

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I live in Oklahoma. My 18 year old son had a girlfriend who was 16. They dated from about April 1 to the first or second week in June. This girlfriend recently contacted my son and informed him that she had contracted HPV (human papiloma virus) and believed she got it from my son. I took him to the doctor and he was negative of the virus and was not a carrier. Her parents are furious. The father contacted my son about the matter last week. Today, we found out that the parents were filing forcible rape charges on my son! They can't file statutory rape charges because the age of consent in Oklahoma is 16. I know this is not true, my son did NOT rape this girl. She even stopped by his grandmother's house to visit him a few days ago. There isn't any evidence to support this claim at all! My son has text messages from the girl apologizing for her parents and saying it's not true. But now she texted him saying she doesn't know if it's true or not!  I'm very concerned.  I don't want him sitting in jail for something I know he didn't do!  We live paycheck to paycheck and I don't know how we could afford an attorney.  I need some advice.

Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

xavierjd :

Thanks for using JustAnswer.com It will be my pleasure to assist you.

You certainly have a lot on your plate right now. I can certainly understand why you are so concerned.

If your son is negative for HPV and he is NOT a carrier, then that means that his ex girlfriend caught the virus from someone else. That means that she had MORE than one sexual partner.

Below please find a link to the Oklahoma rape statute:

http://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.21/21-1114.html

Her parents may try to file charges, however, it is their daughter who would be the alleged "victim" of the rape. She would have to provide a statement to the police and the matter would have to be investigated. If the police find no reason evidence of a crime, the matter would be closed. If they believe that a crime may have been committed, they would want to speak to your son. At that point, your son should hire an attorney. He should NOT speak to the police without representation.

In the end, it is not up to the parents or the police to bring charges against your son. The police would complete their investigation, and if they believed there was evidence of a crime, the results of the police investigation would be presented to the prosecutor. It is the prosecutor who would determine if charges would be brought or there would not be enough evidence to proceed.

Your son DEFINITELY needs to save the text messages from the girl that apologizes for her parents and that say that the allegations are not true. It will be VERY important. If she is now changing her story (because she is being pressured by her parents), the text messages will be very important to show her lack of credibility. Also, the negative test results for your son will be very important. The results may be used to, again, attack her credibility. Who gave her HPV??? Well, how many partners has she had? Is she trying to play the rape card because her parents found out about her virus?

In any case, your son may wish to contact an attorney who specializes in criminal law in your area. Sometimes, an initial consultation is free or at a minimal cost. He can discuss the FACTS of the case, evaluate any options and decide how to proceed, if necessary.

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.



Customer:

I accepted this answer two times but it's not finalizing my question. I will not be charged two times for this question will I?

xavierjd :

I have not received notification that you have accepted the answer. If it isn't finalizing your question, you most likely have not been charged at all. Thank you in advance for your acceptance.

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