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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20289
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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My husband is being charged with second degree rape by forcible

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My husband is being charged with second degree rape by forcible compulsion, the act was consentual but they are charging him anyways. what can i do to get the charge dropped?

Well obviously either the State or the alleged victim doesn't agree with your husband's conclusion that the act was consensual. That is why he is being charged. However, he certainly has the right to plead not guilty and make the State prove the facts that would support a non-consensual act. If this comes down to a "he said, she said" then if the alleged victim is not believable or your husband is more believable, then he will be acquitted. He needs to work with his criminal defense attorney to put together the best defense plan that he has based on the facts. There is nothing you can do, or should do, other than be supportive. You are not apparently the victim or a witness so you cannot interfere with the investigation or the defense/prosecution of the case. If you have evidence that will help your husband, you want to provide that to his attorney to handle and try to use to get the charge dismissed. That is their job.

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Customer: replied 5 years ago.
I am the supposed "victim" in this case, although i voluntarily preformed the act, they are claming that because of the words he used it was forcible compulsion. I was never in fear he would hurt anyone but himself.
They are claiming my statement to police, which i wrote in a very emotional state since i knew he had just been arrested implicates him, they have completely taken it out of context. If i re-cant, i can be charged with purgery and go to jail.
Hello again,

Thank you for that information, it makes a big difference. Certainly you have a right to tell the State that the facts you provided were not exactly as you wrote them or are different. However, as the State has told you, if what you say now is a lie, then you can be prosecuted for perjury. You also have a right to tell the State that you do not want your husband prosecuted. However, since all crimes are considered "crimes against the State," it is the prosecutor that ultimately has the last say in whether or not to prosecute the case. That said, most prosecutors don't want to prosecute a case where the "victim" is not cooperative. They will do so, however, if the facts are strongly in their favor and there is a public interest in doing so.

As I mentioned, and it is still applicable even though you were the victim, you can offer your assistance to the defense in testifying on behalf of your husband and testifying in a way that clarifies the facts. Again though you want to avoid making an intentionally false statement.
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