Statutory Rape Allegations Defense

Summary

The users fiance is facing statutory rape allegations in North Carolina. The alleged victim was under 13 and the fiance was over 25 at the time of the incident. The fiance denies the allegations and is currently represented by a court-appointed attorney. The user is seeking advice on how to gather evidence to support the fiances innocence and prepare for a probable cause hearing. The user also has concerns about the fiances parental rights, as he had been a father figure to the child but had not legally adopted the child.

Full Conversation

My fiance got locked up for salsa allegations of statutory rape of Child by adult
I'm sorry to hear about your situation, ****. Can you tell me in which state this incident occurred?
North carolina
What is the age of the alleged victim and your fiance at the time of the incident?

In North Carolina, statutory rape laws are strict. If the victim is under * and the defendant is at least 12 years old and at least four years older than the victim, it's a Class B1 felony.
I think almost *
I'm sorry to hear about your situation. Can you confirm the age of your fiance at the time of the incident?
* i believe
In North Carolina, if the victim is under * and the defendant is * or older and at least 4 years older than the victim, it's a Class B1 felony.
But he would never do this
What evidence does your fiance have to support his innocence? In such cases, it's crucial to gather all possible evidence and hire a competent defense attorney.
The date that she put the incident happened was the day after Halloween and my fiance's family was around he did not he would not have even had opportunity on top of that his ex-wife husband known to lie and manipulate situations
Has your fiance already hired a defense attorney? It's crucial to have legal representation in such serious cases. They can help gather evidence and build a strong defense.
He was assigned a court appointed attorney but I have been having a hard time to be in contact with her I have left several messages but she does not call back yet
What is the name of the court-appointed attorney and which court assigned her?
I believe her name is Jessica McNally Smith from Brunswick County North Carolina
What is the next court date scheduled for your fiance's case?

Brunswick County Courthouse's contact details:
Address: * Government Center Dr NE Unit *, Bolivia, NC *
Phone: (*) *-*
His court date is August 21st and it is his probable cause hearing
What is the purpose of the probable cause hearing in your fiance's case?
I'm not sure what a probable cause hearing is for
A probable cause hearing is a court proceeding to determine if there's enough evidence to proceed with a trial. It's a critical stage in the criminal justice process.
Is there anything to do so you can get his case dismissed at this hearing
What evidence or arguments does your fiance's attorney plan to present at the probable cause hearing?
I'm not really sure
It's important to discuss this with your fiance's attorney. They should have a strategy for the probable cause hearing, including presenting evidence or arguments to challenge the prosecution's case.
What arguments could be made to challenge their case
What is the nature of the evidence that the prosecution has against your fiance?
I'm not sure because I haven't been able to talk to his public defender but I couldn't imagine much of anything because he didn't do it so just hearsay
What steps have you taken to gather evidence to support your fiance's innocence?
I don't know where to or how to get evidence it was 5 years ago that she is saying this incident went on
What type of evidence are you looking for? It could be anything from alibis, surveillance footage, to phone records. It's best to consult with a lawyer for guidance.
How are you supposed to build evidence or have evidence for a case like this she would never do it he loved that little boy
What kind of interactions did your fiance have with the child that could potentially serve as evidence of his innocence?
He did raise the child ever since he was born until about 6 years old when his ex-wife without telling him decided to jump state with his kid he was devastated having to tell him that he was going to get in the car with his mom and he was not sure if he was ever going to see him again and because he was not the biological father he had no rights Landon did not want to go with her she wanted to stay with Adam but legally she had no right to that kid because it wasn't his biologically but he was there to cut the umbilical cord
Did your fiance ever legally adopt the child or was he recognized as the child's father in any legal documents?
Not that I am aware of
Did your fiance ever seek legal advice or take any legal action to establish his rights as a father figure to the child?
No but he was under the understanding that he just wasn't able to
What steps did your fiance take to establish his rights as a father figure to the child, if any?
He married the mother of the child
Did your fiance's marriage to the child's mother grant him any legal rights or responsibilities towards the child in North Carolina?
I'm not sure how would you find something out like that
How would you find out if marrying the mother gave you rights to the child
In North Carolina, marrying the mother does not automatically grant legal rights to the child. Did your fiance ever legally adopt the child?
No he did not
In North Carolina, without legal adoption, your fiance may not have parental rights. Did he ever file for custody or visitation rights for the child?
Well that's why he had to let the child go with the mother states away I believe to Illinois he knew he didn't have any legal rights but that didn't stop him from seeing that child as his own
How can she just be filing these charges now when he has not even been allowed to speak to the boy in over 3 years why was nothing brought up before