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(Nevada) Estranged relative was charged with raping his 13 year old daughter. A few months after he was acquitted and released from custody she had his baby. He has not seen her since his release. Can he be re-charged now that the police know? He belongs in jail (self.legaladvice)

nevadathrowaway2 が 投稿

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[–]reddituser1211 47ポイント48ポイント  (8子コメント)

Surely there is something about this case you don't know. It seems unlikely the state would fail so completely in establishing the guilt of a child rapist when there was dramatic and incontrovertible evidence of his guilt.

But given the facts as you've stated them, no. If he was acquitted, he cannot be retried or recharged even with new evidence. See also: OJ Simpson.

[–]nevadathrowaway2[S] 6ポイント7ポイント  (7子コメント)

He was acquitted before she gave birth and she was in the care of the state since his arrest and so at trial there was no DNA paternity put forward. I wish he had not been aquitted. He belongs in jail.

Why am I getting down votes and getting messages telling me I should be raped to see how it feels? I didn't fucking do anything and wasn't even in the country when it happened. I want him to be in jail. Some of you need for give your head a shake.

[–]reddituser1211 39ポイント40ポイント  (5子コメント)

But the state was aware (or should have been aware) of the pregnancy. In which case they could perform a paternity test before she gave birth, or stay the case until she gave birth.

It still seems like there is a factor you misunderstand or a circumstance you're unaware of. Or, it's possible that an overworked prosecutor's office failed badly. That does, unfortunately, occasionally happen.

[–]JustSysadminThings 5ポイント6ポイント  (4子コメント)

But the state was aware (or should have been aware) of the pregnancy. In which case they could perform a paternity test before she gave birth, or stay the case until she gave birth.

A judge may have turned down that option due to the risk it would have posed to the baby.

[–]BUBBLYSTRING 2ポイント3ポイント  (3子コメント)

Method(s?) of in utero paternity testing that pose no risk to the fetus have been developed.

The one that came to mind was NIPP, which compares samples of baby's DNA found in mom's bloodstream to the dad's DNA. It only requires you to draw the blood of mom and dad and can be done as early as 8 weeks. Another one is CVS, the link talks about NIPP, CVS and amniocentesis: http://americanpregnancy.org/prenatal-testing/paternity-testing.

PS: I have had an amniocentesis done. Shit sucks. I sure wouldn't do one just to establish paternity w/o having a very good reason for needing to do so. Irrelevant, I know.

[–]alice-in-canada-land 0ポイント1ポイント  (2子コメント)

That doesn't mean the lawyers and the judge in this particular case were aware of those options.

[–]BUBBLYSTRING 2ポイント3ポイント  (1子コメント)

That's so sad, though. It sounds like everyone failed this 13 year old and her child. Not to bother to research options of paternity testing in utero, not putting the trial off until the baby was born... I mean, I know one has the right to a speedy trial, but couldn't they have waited to bring charges until the baby was born, then?

[–]alice-in-canada-land 3ポイント4ポイント  (0子コメント)

I'm wondering that myself.

By definition, the trial could still have happened within 9 months.

Perhaps the prosecution wasn't aware of her pregnancy? Or was utterly incompetent?

Or was the perpetrator connected in some way that encouraged authorities to sweep this under the rug?

[–]spongebue 1ポイント2ポイント  (0子コメント)

I think the downvotes (not from me, for what it's worth) is because you're letting emotion/opinion overtake the fact/law saying that nobody will be charged for a crime that they have already been found not guilty of. It's literally in the constitution. And because this story has some pretty significant holes in it. And because reddit.

As for the PMs, I'd also say because reddit. Report them.

[–]recipriversexcluson 42ポイント43ポイント  (5子コメント)

Something in this story does not add up.

[–]kingplayer 1ポイント2ポイント  (4子コメント)

This should be higher up. I doubt the state would be so incompetent as to miss evidence that obvious.

[–]wiredinmycoffee 0ポイント1ポイント  (3子コメント)

they presumably would have delayed the trial until the baby was born, then done a paternity test

[–]tn_notahick 0ポイント1ポイント  (2子コメント)

You can do paternity tests in-utero now.

[–]wiredinmycoffee 0ポイント1ポイント  (1子コメント)

from OP, court would not allow in-utero test:

someone at the office told me it would have been too expensive as a general policy.

[–]BUBBLYSTRING 0ポイント1ポイント  (0子コメント)

I looked up prices, we're talking $400 to $600 for CVS, $1700 for NIPP (a test that does a simple blood draw from mom and dad), and thousands of dollars, but likely less than $4000, for an amniocentesis. Most of that is legit GoFundMe territory.

Those prices are I reached out to church and they took a collection for me, prices. Or, in the least, take out a loan and make payments/call around and ask for a payment plan from a sympathetic doctor's office, prices.

[–]thepatmanQuality Contributor 10ポイント11ポイント  (4子コメント)

If he was acquitted then no, he can't be re-charged with that same crime. It's possible for him to be charged with a different crime but frankly there may not be one available.

If the charges were dropped, it's possible for him to be re-charged.

[–]he3-1 4ポイント5ポイント  (1子コメント)

Wouldn't double jeopardy still hold as all the crimes he could be charged with would be lesser included? Also he could be charged federally without double jeopardy right?

[–]thepatmanQuality Contributor 5ポイント6ポイント  (0子コメント)

Wouldn't double jeopardy still hold as all the crimes he could be charged with would be lesser included?

Yes, double jeopardy would apply if the new charge was a lesser included of the old charge. That's why I said:

It's possible for him to be charged with a different crime but frankly there may not be one available.

But there may be something available. As an example, they could have evidence for statutory rape and child pornography charges, and could hit him with the other one. They could also hit him with new charges from a different incident. If they get new information that he had sex with her more than once, they could charge him for each instance.

[–]nevadathrowaway2[S] 3ポイント4ポイント  (1子コメント)

He was acquitted on all charges after a trial. I wish I could say they were dropped but he was found not guilty and released. I only heard about it after the fact but the court records shows a not guilty verdict. I am not one hundred percent on this but I believe a social worker or advocate filed a lawsuit that was dismissed as well (although as I said I am not certain about the lawsuit part of it)

[–]WaywardSparrow 11ポイント12ポイント  (0子コメント)

Nope, can't be charged by the state. Unless he is charged by a federal prosecutor, he's getting away with this one. I'm unclear how criminal charges were filed without the police knowing or how the guy was acquitted if this was such a slam shut case.

[–]TheBoysNotQuiteRight 5ポイント6ポイント  (2子コメント)

Question for the board - If the guy was acquitted of rape, could he now be charged with incest?

Also, if the guy took the stand and said that he didn't have sex with her, presumably he could now be charged with perjury.

[–]reddituser1211 1ポイント2ポイント  (0子コメント)

could he now be charged with incest?

No. See Utah code 76-1-403. A defendant cannot be charged with a new offense arising from the same criminal episode.

he could now be charged with perjury.

Conceivably so, yes.

[–]MediocreMittens -2ポイント-1ポイント  (0子コメント)

If he hasn't already been charged and acquitted for it, yes.

[–]duck_diver 3ポイント4ポイント  (6子コメント)

Has a DNA test been done on the baby? (Are you sure it's his?) Was one done during the trial?

But no, he cannot be recharged for the same crime.

[–]nevadathrowaway2[S] 3ポイント4ポイント  (5子コメント)

A DNA test has been done and he is the father. She is in state care so I don't know why one was not done during the trial. I only found out about the not guilty acquittal after the fact and I just wish there was something I could do.

[–]tadjack 5ポイント6ポイント  (4子コメント)

It is possible he was acquitted on reasonable doubt. Is there another male relative related to her father that could have done it? As this is incest, the DNA testing may not be as accurate, since that baby would be related to him no matter what. If it's a partial match, it could be a son of the accused, etc. A DNA match in this case is not necessarily proof that he is the father.

[–]Danibelle903 4ポイント5ポイント  (1子コメント)

Genetics are incredibly complicated. Because the child should have his DNA by way of being a grandparent, depending on if there were other close ties, you could get an inconclusive result. Mind you, I only have experience with administering and selling DNA tests, not the genetics side, but we would get the occasional inconclusive result.

[–]tadjack 2ポイント3ポイント  (0子コメント)

This was my thinking. That's more than enough for reasonable doubt even if they did a prenatal test.

[–]nevadathrowaway2[S] 1ポイント2ポイント  (1子コメント)

The only living male relative her father has is myself. The police did interview me after the test but given that I am estranged from him, have never met his daughter and was in stationed different country for a year leading up to this there is no way I could logistically (or morally) be the father.

[–]tadjack 0ポイント1ポイント  (0子コメント)

I see. Even so, that could be where the reasonable doubt came from. Unfortunately, he cannot be tried again.

[–]BUBBLYSTRING 2ポイント3ポイント  (2子コメント)

Why didn't they perform a paternity test in utero?

[–]nevadathrowaway2[S] 0ポイント1ポイント  (1子コメント)

She has been in the care of the state since his arrest and I am unsure why no test was done until after the child was born. I am not privy to details about he medical care because I'm not a patent or guardian but someone at the office told me it would have been too expensive as a general policy.

[–]fooliam 3ポイント4ポイント  (0子コメント)

Ok, so there are details you don't know.

Chances are, those details are the explanation as to what has occurred.

This is the problem with someone poking their nose where it doesn't belong.

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