So I’ve got a guy charged with rape 1st degree, sentence could be life in prison. Here are the facts:

My client, “Juan Doe” 18 y.o. immigrant (no green card, no work visa) is accused of forcibly raping 18 y.o. “Senorita Doe” immigrant (no green card, no work visa).

They one each other from work (working in a mobile home manufacturing facility). She has been in the US for just over a year and she has a child back home in Mexico. She is 5’0” and weighs 150lbs.

Allegedly took place at a house party

She arrives at 7:00pm and drinks her 1st beer. When I say 1st, I mean FIRST, claims to have never drank a beer in her life. Takes 20 minutes to drink the first Corona, then she gets another one and drinks it in 15 minutes (now it’s 7:35pm and she’s had 2 beers).

At 9:30pm she drinks beer #3 it takes 10 minutes to drink it.

At 9:40pm she drinks last beer, #4, and it takes 20 minutes to drink it.

So in 3 hours she drinks 4 12oz Corona beers. No other alcohol is consumed and no drugs.

Here is her story:
She is staying the night at her friend’s house because she has become too drunk to drive. So at 10:30pm she goes to bed.

At 1:00am “Juan” comes into the bedroom (she is still awake, but drunk), she knows it’s him because the hallway light is on and when he opens the door she can see him. He starts kissing on her and pulls her pants down to has ankles, she is saying “no” he tries to pull her panties down and is unsuccessful so he pulls the to the side and rapes her.

Afterwards she just lays there and goes to sleep.

She doesn’t know if he slept in the bed with her or not because “it was dark in the room.”

The next morning around 7:00am she gets up and goes home.

Juan is not there and she doesn’t know when he left.

Her and “Juan” message back and forth a few times on social media over the next couple of days, then on day 3 she goes to the police and files a report claiming that she was raped.


Juan’s story:

Went to party, met Senorita. She accompanies him outside and they each drink 2 beers. He has already been drinking and is too intoxicated to drive.

They return inside and he asks her if he can sleep in the bed with her and she says “yes”

They go into the bedroom, she starts kissing on him and says “suck my pu$$y”

They have consensual, unprotected sex and sleep together cuddled in the bed.

The next morning they wake up and they are leaving the residence at the same time and she accompanies him to his car where she proceeds to flirt and comment on how much she likes his car.

They go their separate ways. In a day or so she messages him stating something like “you shouldn’t have done that to me Saturday night, I was drunk”
Juan responds “yeah I was drunk too, we shouldn’t have done that.” He says his meaning was that they didn’t use protection.

Juan doesn’t want in a relationship, especially with a girl that has a child. So he blocks her on social media and she screams rape.

What sayeth the Aldeer jury?

He said/she said to me . Hard to prove rape on that imo.

My thoughts too.

Are there any witnesses that were there the night of the party to testify how they were interacting beforehand?

I say deport both of them.

He's gonna lose. The man will lose that one 90+% of the time. It was probably consensual.

and I agree with this.

Who knows in these cases. You’ll never get the 100% from either.

I vote for the deportation, or send them to DC. Whichever is cheaper.

I assume there was no medical evidence that the event was forcible in nature? If not, hard to say here. It could be anything, including neither story. On one hand, a young unsophisticated girl’s mind after such an event is a fertile ground for imagination and emotional development. On the other, for illegal immigrant to go to the police is a bold step and supports her strong feeling something bad happened to her.

Without witness you’ll probably never figure it out. If it goes to jury the guy probably goes to jail I would think since an illegal man is a more unsympathetic figure than an illegal girl.

He said she said. Case rest on text messages and on what any witnesses say.
Any charges for the employer?????

I would have a hard time sending a guy to jail for life based upon that scenario. If she drank 4 beers over 3 hours basically, she would not be drunk still at 1am.

I think the appropriate consequence is deport both of them.

No matter what we pay for it all

It would be hard for me to send a man to jail based on the evidence. She said he said is not enough. I need physical evidence like scratches or bruises, medical exam, emergency room visit. Someone who said they heard her scream...something.

Don't never block a female on Facebook you just had sex with... that is the real lesson here.

Drop both of them off at FBI headquarters in Washington. They are good at dealing with forked- up stuff.

Both of these are the correct answer.

If she had never had a beer, 4 beers would sure enough get her plastered.

There should be witnesses in whether she left next AM with him or not, the text messages and fact she didn't report till days later. Good Lawyer could shoot holes in her story . Get him off then send them both to 1600 Penn Ave. Washington DC.

I think that if he can present the text messages, he may be able to avoid jail. Who knows today.

It should not be in our court system tying up our resources. Let Diaz-Canel have them.

Just deport both of them and be done with it