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  1.     
    #1
    Senior Member

    I really really need help!

    Ok. This is for anyone who has any sort of idea on how the court systems work in canada, people who have maybe been through it.

    Ok. My boyfriend is in trouble. In January 2005, he allegedly sexually assaulted a woman twice his age. He's had several different court appearances, the last one in early august. They set him another date for January 31, 2006. This is over a year since the incident occured. They also have no circumstantial evidence, since the claim was filed 2 weeks after it happened.

    Now, this week, he recieved a letter from the police. It is another charge, this one for "the theft of a purse, wallet, jewelry, canadian currency and credit cards amounting to over 5000 dollars". The incident occured on November 11, 2004. This court date is set for January 5, 2006.

    He says he didn't do either, though he was extremely drunk during the alleged sexual assault and doesn't remember that night very well. That's not the point though. I know these are two very serious charges, and regardless of whether or not he did it, I just can't see them both being dropped.

    He will be 17 at the end of December. Does anyone have any idea on what his sentence may be? He is still a juvenile. Can they try a 17 year old as an adult? Is it likely that he'll have to serve time in a juvenile centre?
    powair Reviewed by powair on . I really really need help! Ok. This is for anyone who has any sort of idea on how the court systems work in canada, people who have maybe been through it. Ok. My boyfriend is in trouble. In January 2005, he allegedly sexually assaulted a woman twice his age. He's had several different court appearances, the last one in early august. They set him another date for January 31, 2006. This is over a year since the incident occured. They also have no circumstantial evidence, since the claim was filed 2 weeks after it Rating: 5

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  3.     
    #2
    Senior Member

    I really really need help!

    for sexual assault they need dna evidence.and a witness.i dont think theyyll convict him if he didnt do it.but maybe he did.when your drinkin people can get carried away.for the stolen cash did they find him with stolen property or what.if so less than twelve months jail time.stealing aint shit.the law dont like it when you hurt someone though.becareful you might be dating a drunken thief who has violent sexual tendencies.
    Love is patient and kind. It does not envy, it does not boast, it is not proud. Love is not rude, it is not self-seeking, it is not easily angered, and it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. Love always protects, always trusts, always hopes, always perseveres

  4.     
    #3
    Senior Member

    I really really need help!

    He was never caught with any of the stolen stuff. It was found in a friend of his bedroom, who is a girl, and who was in juvie and just got out. He is pretty sure that she dropped names just to get out quicker.

  5.     
    #4
    Senior Member

    I really really need help!

    Quote Originally Posted by powair
    Ok. This is for anyone who has any sort of idea on how the court systems work in canada, people who have maybe been through it.

    Ok. My boyfriend is in trouble. In January 2005, he allegedly sexually assaulted a woman twice his age. He's had several different court appearances, the last one in early august. They set him another date for January 31, 2006. This is over a year since the incident occured. They also have no circumstantial evidence, since the claim was filed 2 weeks after it happened.

    Now, this week, he recieved a letter from the police. It is another charge, this one for "the theft of a purse, wallet, jewelry, canadian currency and credit cards amounting to over 5000 dollars". The incident occured on November 11, 2004. This court date is set for January 5, 2006.

    He says he didn't do either, though he was extremely drunk during the alleged sexual assault and doesn't remember that night very well. That's not the point though. I know these are two very serious charges, and regardless of whether or not he did it, I just can't see them both being dropped.

    He will be 17 at the end of December. Does anyone have any idea on what his sentence may be? He is still a juvenile. Can they try a 17 year old as an adult? Is it likely that he'll have to serve time in a juvenile centre?

    Im confused. You cant be charged via mail with a mere letter. You have to be arrested, read your rights, interviewed and then the determination is made if there is enough evidence to charge the individual. Mail is not part of this process. If he told you that he got a letter from the police charging him he is lying to you.
    The other questions are best answered by his lawyer.
    HE WHO HAS DESERVED TO DRINK FROM THE OCEAN OF LIFE DESERVES TO FILL HIS CUP FROM YOUR LITTLE STREAM
    =Alfred A. Knopf=

    Here is where you will find my little stream:
    sage_wisdom(at)hush.com

  6.     
    #5
    Senior Member

    I really really need help!

    He's not lying because I saw the letter. The police delivered it. If you are going to court you are getting charged with something. Whether or not you are CONVICTED remains to be seen.

    You do not have to be arrested to be charged with something. You should learn more about how it works so you aren't taken advantage of one day.

  7.     
    #6
    Senior Member

    I really really need help!

    Quote Originally Posted by powair
    He's not lying because I saw the letter. The police delivered it. If you are going to court you are getting charged with something. Whether or not you are CONVICTED remains to be seen.

    You do not have to be arrested to be charged with something. You should learn more about how it works so you aren't taken advantage of one day.
    if he hasn't been convicted then he will be proven innocent under reasonable doubt. like you said, "there's no evidence". and, if there is, tell him to claim he was sleep-walking. there have been people who've gotten away with murder by claiming that, but then again you'd probably need a medical history of sleep-walking, which isn't hard to obtain.

    it's funny they released the man who murdered his in-laws in his sleep. you'd think they'd incarcerate someone who was equally as dangerous in an unconcious state. then again, i strongly believe that the only way to manage yourself sensibly while your sleeping would come from your everyday tasks that take no cognitive process. sorry i jumped off track.

  8.     
    #7
    Senior Member

    I really really need help!

    I don't know anything about the canadian legal system but if he hasn't already done it, tell him to get a lawyer. and a good one at that. If he's left to the works of some public defender he's fucked. Even a half asses lawyer should be able to either get him off altogether or at least get the charges reduced. That's assuming he has no priors for the same kind of offense.
    Never take your cell phone out of it\'s holster when using the restroom. BG

    Forward...never straight.

  9.     
    #8
    Senior Member

    I really really need help!

    1. They won't convict a 17 year old as an adult in Canada

    2. With no evidence they can bring it to court, but couldn't find him guilty without something (maybe make a restraining order).

    3. The Canadian justice system is under funded and apaulingly lenient (which in this case, works in your favour). after all, Karla Homolka lured in several teenage girls (including her 15 yo sister), filmed her and Paul Bernardo raping and hacking them to little bits, and she's out after 10 freaking years, and just a couple days ago has had all her parole conditions lifted! all because she's "sorry", as is the most effective means of getting off in our system . so overall, they'll do whatever they can to keep another person out of jail. (though a criminal record certainly doens't help in getting a job)

  10.     
    #9
    Senior Member

    I really really need help!

    I think your bf is a scumbag. You ask him about a sexual assault and he tells you ??I can??t remember I was drunk??..give me a fucking break that is the most played out excuse known to man?it??s right up there with ??it??s not you it??s me.?

    And let me get this straight?. The woman he sexually assaulted?her shit is found at your bf ??friends? house.

    He probably left it there after he was done banging this ??friend??..unless you suppose this girl sexually assaulted the woman and took her things.

    And what do you mean regardless of weather or not he did it?sounds to me like you don??t even care if he did it. You just wanna make sure he dosen??t go to jail?probably because ??I love him? or something fucking stupid like that.

    This woman was twice his age. It could have been my mother?..fuck him. However long he spends in jail will not be nearly enough?...

  11.     
    #10
    Senior Member

    I really really need help!

    Quote Originally Posted by mrdevious
    1. They won't convict a 17 year old as an adult in Canada

    2. With no evidence they can bring it to court, but couldn't find him guilty without something (maybe make a restraining order).

    3. The Canadian justice system is under funded and apaulingly lenient (which in this case, works in your favour). after all, Karla Homolka lured in several teenage girls (including her 15 yo sister), filmed her and Paul Bernardo raping and hacking them to little bits, and she's out after 10 freaking years, and just a couple days ago has had all her parole conditions lifted! all because she's "sorry", as is the most effective means of getting off in our system . so overall, they'll do whatever they can to keep another person out of jail. (though a criminal record certainly doens't help in getting a job)
    I'll never understand why they let these freaks ever see the light of day again.
    Sorry my ass! And by the way....killing is to good for them...let them rot in a 4x6 cell until God dies.
    Never take your cell phone out of it\'s holster when using the restroom. BG

    Forward...never straight.

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