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Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1544
Experience:  30+ years of legal expertise. Informed, knowledgeable, helpful.
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My child is now 42 years old; the molestation took place when

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My child is now 42 years old; the molestation took place when she was 7 to 12 years old. the perpetrator was charged with class d and held 2 weeks in jail with 5 years probation. She states now that she lied about the severity of the events and threats. She states 2-3 times a week and with multiple threats of death and dismemberment. She has severe PTSD. Is there any hope of having this retried with the real facts? At the time he plead guilty to "anything she says I did I did?" Not sure if the real truth and a correct charge will help but think there are many like her that at a young age just lied to try and protect herself. Is penetration with fingers considered rape?

ANSWER:
In a word, NO, there is no hope of having this retried with the real facts. The US Constitution effectively bars a person from being "placed in jeopardy" twice for the same offense. Having previously plead guilty and having been sentenced, and there having been no appeal from that proceeding, he cannot now be recharged for the same offense

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NOTE:
I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

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Lawrence D. Gorin and 4 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you Mr. Gorin. I am haunted by my mistakes and her condition now. I understand your answer. So my mother's were without support and I should have fought harder. Thank for your knidness.

Your situation is most unfortunate, but one that unfortunately happens all too frequently. If misery loves company, you have plenty of company. I wish it were not so.

PS: Thank you for the positive rating, as well as the bonus payment. Most appreciated.

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