Please Scroll Down to See Forums Below my friend was a senior at the time and 18 and the girl was a freshman and about 14 and they had sex a year ago. and this year one of the school counselors somehow find out and call the girl to the office and interrogates her. the girl denies it and the counselor says if she finds that it is true then she herself will press charges. is the counselor just bullshitting or is it possible? this is all hypothetical
i need some law help on stach rape
- Thread starter Burnboy
- Start date
Rex
New member
I call horseshit on the conselor. That bitch is also asking for an ass kicking in my book [not that I would hit a girl]. People need to mind their own fucking business. If the parents ain't got a problem w/ the relatinship, then noone else should too. 
If I was in the girl's spot I would've told the conselor off, and waltzed the fuck out of the office.
If I was in the girl's spot I would've told the conselor off, and waltzed the fuck out of the office.
Natymike
New member
Burnboy said:
Well, I suppose she could try to sue, but I doubt anyone will come out of it, it will just bring more attention to herself about this situation and will cause nothing but more trouble.
The best solution would be to get the girls or guys parents to go up to the school and put the counselor in her place. (Assuming the parents don't know about the incident, or don't care) It is definately not the councelors business and the parents should be pretty pissed about it.
B
Burning_Inside
Guest
Its all scare tactics.... Bottom line in anything, is if there's no evidence, the only thing that can fuck you is someone opening their mouths and that's that. Zip the lips and no mad revenge seeking cuonselor can do anything.
nycdefender
New member
The counselor could go to the police with the information. I have had to defend many statutory rapes, similar to this one, where the girl does not want to go forward, but someone complained to the police. The above posts are inaccurate in that hearsay can lead to charges being filed. Hearsay is inadmissible at trial (with a whole slew of statutory and common-law exceptions). If the girl or her parents don't want to go forward, then the prosecutor probably could not get a conviction.
To answer your question: the counselor is not making an idle threat.
As to those who think that there could be a tort claim based upon the counselor's investigation--sorry, but you're just plain wrong.
To answer your question: the counselor is not making an idle threat.
As to those who think that there could be a tort claim based upon the counselor's investigation--sorry, but you're just plain wrong.
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Burning_Inside
Guest
so NYCdefender, are you saying basically that anyone could take anyone to court over hearsay? For instance, I hate Joe, and want to get back at him somehow, so I go to the cops to press charges saying Joe pointed a gun to my head. I don't see how you can take every case like that to court, it's a huge waste of time and taxpayer money especially when there's no evidence. I can see if maybe they got a confession out of someone, then at least they have something to go on, but I don't see how in the world you can press charges with at least some validity to them.
If both deny it, then they could agree to sue the school dist., and the counselor for slander. That ought to get some control over the fucking school system.
I would definately set them up for this one. I would say
they could later on be very wealthy as young adults because of the damage they are trying to create on them.
Schools are the breeding ground of this type of activity, but sex is none of the schools business. They exist to educate, not teach morality.
Look no futher than to Clinton's example of morals and the government and I think you get the point.
nycdefender, no offense but I think your wrong on this one. I would sue any lawyer who would try this case on the lack evidence and hearsay is just that hearsay.
HEARSAY IS NOT ADMISSIBLE IN ANY COURT AND YOU SHOULD KNOW IT.
Any one who thinks that kids are'nt supposed to have sex is crazy. Why do you think they should not is beyond me. As long as they know about protection and use it, it is no one elses business.
How in the hell are we supposed to legislate a hormonaly induced behavior? Millions of years of evolution has created this drive and in no way can it be denied.
I would definately set them up for this one. I would say
they could later on be very wealthy as young adults because of the damage they are trying to create on them.
Schools are the breeding ground of this type of activity, but sex is none of the schools business. They exist to educate, not teach morality.
Look no futher than to Clinton's example of morals and the government and I think you get the point.
nycdefender, no offense but I think your wrong on this one. I would sue any lawyer who would try this case on the lack evidence and hearsay is just that hearsay.
HEARSAY IS NOT ADMISSIBLE IN ANY COURT AND YOU SHOULD KNOW IT.
Any one who thinks that kids are'nt supposed to have sex is crazy. Why do you think they should not is beyond me. As long as they know about protection and use it, it is no one elses business.
How in the hell are we supposed to legislate a hormonaly induced behavior? Millions of years of evolution has created this drive and in no way can it be denied.
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Burning_Inside
Guest
BigPhysics...That's just so damn silly..this legal system needs a huge ass overhaul..It needs to be started fromt he ground up..I swear it's honestly like a game, like playing Magic the Gathering.
as long as neither one admits it, there really is no evidence.
as far as hearsay - as long as your friend isn't going around saying, "Last year when I was banging this 14 year old..." - because that is an excited utterance and is one of the exclusions the hearsay rule and could be used in court.
The counsler doesn't really have much of a case and if this was all a bit in the past anyway - there should be no problems.
However, even just the accusation of such things can be just as damaging. I'd threaten counteraction if the school doesn't drop it.
Damage to character, etc.
as far as hearsay - as long as your friend isn't going around saying, "Last year when I was banging this 14 year old..." - because that is an excited utterance and is one of the exclusions the hearsay rule and could be used in court.
The counsler doesn't really have much of a case and if this was all a bit in the past anyway - there should be no problems.
However, even just the accusation of such things can be just as damaging. I'd threaten counteraction if the school doesn't drop it.
Damage to character, etc.
nycdefendar correct
nycdefendar is correct. I have prosecuted a few Stat rape cases. It'll take a lil more than heresay but as noted there are a bunch of exceptions and many of them deal with sexual assaults (rape). As for the counselor, many states have a MANDATORY reporting requirement that also has a complete exemption for any liability. Suing is probably not an option. Besides, THE TRUTH IS A DEFENSE TO SLANDER and you could open yourself up to the criminal charges through the civil suit.
hasta
litig8r
nycdefendar is correct. I have prosecuted a few Stat rape cases. It'll take a lil more than heresay but as noted there are a bunch of exceptions and many of them deal with sexual assaults (rape). As for the counselor, many states have a MANDATORY reporting requirement that also has a complete exemption for any liability. Suing is probably not an option. Besides, THE TRUTH IS A DEFENSE TO SLANDER and you could open yourself up to the criminal charges through the civil suit.
hasta
litig8r
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