Forced Lie Detector Test

[AshiharaFan]

Waddup Sherbros,

I thought I'd come here to see if anyone here is knowledgeable about U.S. Law. I'll try to be brief.

I have this friend that I grew up with. Let's call him Xavion (not his real name of course). I ran into Xavion the other day after not seeing him for the past 5 years. Come to find out he's been in prison for the last five years which is why I haven't seen him for so long. Long story short, he was married to a woman who had an 18 year old daughter. My friend very foolishly had oral sex with this 18 year old step daughter of his (he told me that they did not have actual intercourse).

Anyway, to keep from catching her part of the heat for what she's done she told her mother that my friend had raped her. My friend Xavion has never been in trouble with the law before. He was always a nerdy, happy-go-lucky type of cat but cool as hell for the most part. But because of his nerdiness and being completely ignorant of the law he took a plea bargain and served 5 years in prison. He said he took the plea bargain because he faced a possible 40 years if it went to trial and he lost. Plus he couldn't afford a good lawyer.

But he took a lie detector test which he passed with flying colors and he keeps that paper on his persons wherever he goes to show everyone. He said that the girl refused to take the test and there was never a rape kit performed (WTF). As he's telling me this he broke down and started crying and said he's contemplated suicide so many times and that he's really close to going through with it.

I cannot expect y'all to believe his innocence because you don't know him. But I grew up with him and as he is relating the whole story to me I was observing and listening very carefully for certain things and I do believe him. Some females out here can be scandalous like that.

My question to you all sherbros is if any of you know a way to legally force this girl to take the lie detector test? The results of his and her test, along with some other things, will be needed if he is ever to have the governor grant him a pardon which is the only thing he can rely on at this point. And even that's a very slim glimmer of hope. For those of you who may not know this but felony sex crimes are 100% ineligible for your record to be expunged or sealed (and rightfully so as long as the person is truly guilty). He's having a hard time finding a job and has been bouncing from place to place since he's been out so I can understand his frustration and depression.

Help me out here sherbros.

 

[SFMMA]

That's a pretty messed up story. From my understanding, polygraphs aren't always admissible. If he's innocent, I hope life deals him a solid, it works out for him, and karma hits her with a vengeance.

Sounds lke he's screwed, though, especially after the window of opportunity has closed on the initial trial.

 

[Sampsonsimpson]

I don't think she can be forced to take a lie detector test. From what I understand, lie detector tests aren't even admissible in court. They're just used by police to intimidate people into confessing and police take what they want from the results of someone actually does take it. If you fail the test you are hiding something and must be guilty. If you pass you are a sociopath who knows how to pass them.

 

[tehend]

He fucked up with that plea bargain.

 

[HelloJapan]

Yup, its so fun being a man. Best your friend take it as a harsh life lesson and move to a totally new place, start fresh and leave it behind. That cunt will get hers.

 

[Gregolian]

Case is closed and he served his time. If he had chosen to go to trial his lawyer probably could have made a motion for the victim to take a polygraph test and had been able to argue a bunch of other things.

 

[FeloniousMonk]

I'm probably the minority here,
but I actually don't see what the
problem is with him being
convicted of a sex crime. Idk
about straight rapist. But he
certainly took advantage of his
power & influence over someone
who, presumably was under his
care... &not very long before the
incident took place, either...

I know you say he was a good guy
when you knew him & felt sympathy
for the guy. But I can't count how
many people from high school or
even my first year in college have
basically turned into completely
different people. Whether its a
person who used to be a real shit kid.
Or people who used to be cool,
& drugs or alcohol or mental problems
fucked up em completely.

Truth is... you never really know
most people enough to truly invest
time, energy or concern in understanding
or assuaging their demons.

& yeah, polygraph's are bullshit.
He already paid his bill. He & everyone
else should just be trying to move past.

 

[ajwbjj87]

Lie detectors I find are pretty much just to maybe point the cops in the right direction since you can't really be forced to use because they are far from 100% accurate and have been beaten with ease in the past by some individuals.

 

[Brampton_Boy]

Long time no see. So how was prison bro?

 

[Hearse Lightning]

Should have brought up his swim times to the judge IMO.

 

[rocketskates]

Rape kits are dependent on how long the time period was between their sexual activity and the time that it was reported. If a person has showered and performed other cleansing tasks between the time that the incident occurred then a rape kit will do no good.

Also, polygraphs are just a tool for police to use and they are not admissible in court. I've taken several and is there is no real science behind them. Shitty situation for him, but if he had gone to trial I feel that he may have gotten off due to lack of evidence.

Also, I feel that there's something more to it as well. Sex crimes between two of age people are often difficult to prove without some sort of injuries that show that they were forced or without a witness.

 

[AshiharaFan]

He fucked up with that plea bargain.

Case is closed and he served his time. If he had chosen to go to trial his lawyer probably could have made a motion for the victim to take a polygraph test and had been able to argue a bunch of other things.

Yeah, I think you guys are right. I feel bad for this dude. He has to register as a sex offender for at least the next 25 years in addition to having a permanent sexual assault felony on his record. He's a better man than me because I would shoot that bitch (he knows where she is and where she be).

Long time no see. So how was prison bro?

Ha ha, funny.

Felonious Monk, I cannot disagree with what you said especially since I wasn't there so you never know, but I have my reasons why I believe him. I just hope my belief in him isn't misguided or proves to be wrong sometime in the future.

 

[AshiharaFan]

Rape kits are dependent on how long the time period was between their sexual activity and the time that it was reported. If a person has showered and performed other cleansing tasks between the time that the incident occurred then a rape kit will do no good.

Also, polygraphs are just a tool for police to use and they are not admissible in court. I've taken several and is there is no real science behind them. Shitty situation for him, but if he had gone to trial I feel that he may have gotten off due to lack of evidence.

I THINK SO TOO!!!! I would have went to trial. But I want to ask you something rocket; being that he chose not to go to trial and cop a plea instead do you think there's a possibility that there is something more to this story that he's not telling me? I really hate to think this way, but.....man I WOULD HAVE WENT TO TRIAL!!!!

But I was always a street kid growing up and I know more about how the law and court system work than he does. He was never street smart, was never a thug and never sold drugs like a lot of us did in the hood so there is always a chance that he was cornered and intimidated into taking that plea deal not knowing that he could've beaten this thing at trial.

A foolish mistake that he has to pay for for the rest of his life. That's f*cked up.

 

[sub_thug]

I can tell this story is happening in the US because of the polygraph. Unfortunately, we are one of the few countries in the world that use them, despite being terribly unreliable. Polygraphs are not admissible as evidence in court at all. Rightly or wrongly, your friend seems screwed.

 

[rocketskates]

I THINK SO TOO!!!! I would have went to trial. But I want to ask you something rocket; being that he chose not to go to trial and cop a plea instead do you think there's a possibility that there is something more to this story that he's not telling me? I really hate to think this way, but.....man I WOULD HAVE WENT TO TRIAL!!!!

But I was always a street kid growing up and I know more about how the law and court system work than he does. He was never street smart, was never a thug and never sold drugs like a lot of us did in the hood so there is always a chance that he was cornered and intimidated into taking that plea deal not knowing that he could've beaten this thing at trial.

A foolish mistake that he has to pay for for the rest of his life. That's f*cked up.

Yes. I feel that there is something more to it. If she said it was "rape" and he said it was consensual, with no physical evidence or witnesses I feel that he likely wouldn't have even gotten arrested let alone found guilty. Even a public defender would take a case like that to trial. I think that he may have taken things too far and gave the police an admission of guilt. But that's me speculating so who knows.

 

[rocketskates]

I can tell this story is happening in the US because of the polygraph. Unfortunately, we are one of the few countries in the world that use them, despite being terribly unreliable. Polygraphs are not admissible as evidence in court at all. Rightly or wrongly, your friend seems screwed.

Yep. They are a burden to both the defense and prosecution as it's easy for an innocent person to fail one and equally as easy for a guilty person to pass one.

 

[LATEXXX COMMANDO]

 

[Joe Wong]

Xavion sounds pretty athletic & explosive. I know you said its a made up name, but there has to be a reason you didnt choose John or Scott.

Xavion probably fucked up not going to trial, but if Xavion is indeed Xavion, he might've lost.

 

[sub_thug]

Without having a rape kit collected, what evidence can she produce? It seems like the guy would have gotten off for lack of evidence more than anything else.

 

[Kalmah]

How come the convicted rapist gets the benefit of the doubt?