
09-06-2008, 04:24 PM
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Senior Member
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Join Date: Nov 2006
Posts: 1,620
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Quote:
Originally Posted by kasey_walberg
My husband when he was 17 got drunk these girls had been trying to get with him all day.After a heavy night of drinking with friends they had alegedly had ***. she also stated that she had *** with another person that night she was 12.He was sentenced to 86 months stayed EJJ and no rape kit was ever done.This is what has happened since then. He took off when he was 20 and they executed his 86 months then added ten years conditional release Question 1 Is it legal at a parole revocation hearing to add on to ones sentence? Question 2 since there was no Rape kit done and the girl stated that she had had *** with another person that night can he even have been charged with the crime without proof ? i have read that in the state of Minnesota that proof of sexual penetration must be established. any advice or legal help would be much appreciated thank you.
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S3x or s3xual conduct with a 12 year old is a crime. Period. Whether one or two people engaged in the activity that night, it doesn't matter. If your husband did, then it doesn't matter if someone else did. The case was adjudicated, right?
What do you mean he 'took off' when he was 20 ? What do you mean by 'executed his 86 months'? Question 1: Yes it is legal. Question 2: at the time the case was tried, he evidentally admitted he had s3x or s3xual contact with the child. The Minnesota law you are referring to has to do with adult rape---not child rape. I don't think there is any qustion about his having this inappropriate contact. In any regard, the case has been adjudicated and decided. I am not sure you can challenge it at this particular juncture.
What are you trying to accomplish? Where is he currently?
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