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Wrongly Accused, how can I clear my name? (CRIMINAL LAW & PROCEDURE)

Tue, 12 Aug 2008 11:40:00 GMT

What is the name of your state (only U.S. law)? Georgia, Griffin, Spalding County
I lived in an apartment complex in Griffin, GA. My so called "Best Friend" got evicted and needed a place to stay. What I didn't know was that he had tried to molest my sister, and my Mom didn't tell me about it because she "Didn't know the whole story" as she so put it and didn't want to be sued for slander is my guess. It has been past the Statute of Limitations for my sister to report what he did. I let him use the computer I used for college, and he downloaded Pedophilia on it. I got angry and reported it to the police. Now, they are pointing the finger at me! I'm pretty sure I can prove that I was in class when some of it was downloaded by the download timestamps on the files, as my college keeps attendance records. Is there any way I can clear my name? I had nothing to do with this offense and may go to prison and be labeled a sex offender for this Monster's crime! Please...Help!

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  • Tue, 12 Aug 2008 12:59:00 GMT(1)
  • You really have a lot of roommate problems. Have you considered living alone?
  • Tue, 12 Aug 2008 13:31:00 GMT(2)
  • I wish I had the means to live alone...my credit score's a wreck from my Stepmom taking my Debit card and running it up, which I didn't find out about it 'til it was too late to dispute the charges, I work at an Auto Detail center that's barely staying afloat while looking for another job...unsuccessfully I might add from the charge that Monster incurred on me, I really don't have any means to get my own place by myself. I wish I could. It would make life SO much easier...but sometimes we have to work with what life gives us. Now, back to the subject, is there any way I could clear my name? I don't want to be persecuted for someone else's crime and let him run the streets doing this to other children. I know he was arrested on a similar charge, 'cuz we shared the same cell in population before I made bond. He got bonded out 2 weeks after his arrest, but before he did, promised me a full written confession. Now his Defense attorney told him to clam up and I can't get it from him. Not to mention his Dad likes to make my life miserable by showing up "Coincidentally" at my bank when I go to cash my paycheck and at the library where I do legal research trying to find a way to clear myself of these charges. He keeps saying "I'm so sorry about all of this, but we'll discuss it after it is all over." then walks off chuckling to himself. It's really frazzling my nerves!
  • Tue, 12 Aug 2008 14:22:00 GMT(3)
  • I agree. Just do it.
  • Tue, 12 Aug 2008 13:08:00 GMT(4)
  • Quote:

    Originally Posted by Alex23

    You really have a lot of roommate problems. Have you considered living alone?

    **A: and not have any friends/
  • Tue, 12 Aug 2008 13:57:00 GMT(5)
  • Quote:

    Originally Posted by quincy

    If your sister is under the age of 23, she could still report the molestation. Georgia Code Ann. 9-3-33.1 provides that a victim of childhood sexual abuse may bring a civil action within 5 years of reaching their age of majority. Reporting the molestation, if this is possible, would be a good first step to take.
    If this is not possible because your sister is over the age of 23, your next step would be as you assumed - prove the dates and times of computer usage. An analysis of audit logs and journals are one way to show that you were away at the time of your apparent log-in on your computer. Computer forensic technicians can determine the exact date and time of the incidents reported to the police, which would narrow the "suspect" in the downloading to, in most cases, just one person. In addition, computer forensics can show prior uses of the computer, to show its recent use is different than its past use.
    Because it is your computer that has these downloaded files on it, you are the most likely suspect at this point, which is why the finger is being pointed at you. Redirecting the finger to point in your friend's direction will not be easy, but it is not impossible.


    It happened over 5 years ago, which I have been told goes past statutes, but she is 17 now. Does that mean the Statute of Limitations has not yet passed? Is there still time to report what he did to her? If so, that pervert is gonna pay for what he did to her in court! She's really been traumatized by this. I can't stand to see her like this. Anyways, my question to be answered is now this:
    Even though it has been over 5 years since the incident, can my sister still report the incident since she is only 17?
    Thanks for the advice ya'll, I really appreciate it!
  • Tue, 12 Aug 2008 14:17:00 GMT(6)
  • Quote:

    Originally Posted by Malthus-Delmar

    It happened over 5 years ago, which I have been told goes past statutes, but she is 17 now

    You were told wrong. As already pointed out to you, she has to the age of majority (18) plus 5 years which is to say 23.
    You want to clear your name? Get a lawyer. These are not charges to sneeze at.
  • Tue, 12 Aug 2008 13:34:00 GMT(7)
  • If your sister is under the age of 23, she could still report the molestation. Georgia Code Ann. 9-3-33.1 provides that a victim of childhood sexual abuse may bring a civil action within 5 years of reaching their age of majority. Reporting the molestation, if this is possible, would be a good first step to take.
    If this is not possible because your sister is over the age of 23, your next step would be as you assumed - prove the dates and times of computer usage. An analysis of audit logs and journals are one way to show that you were away at the time of your apparent log-in on your computer. Computer forensic technicians can determine the exact date and time of the incidents reported to the police, which would narrow the "suspect" in the downloading to, in most cases, just one person. In addition, computer forensics can show prior uses of the computer, to show its recent use is different than its past use.
    Because it is your computer that has these downloaded files on it, you are the most likely suspect at this point, which is why the finger is being pointed at you. Redirecting the finger to point in your friend's direction will not be easy, but it is not impossible.
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