Never Trust Anyone

[Rottersod]

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This is just legally incorrect. I'll repeat what I said in an earlier post: If it's true that he took 12k from her and then threatened not to give it back unless she had sex with him, that is attempted rape, and the police will take that charge very seriously.

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Quote the code then Mr. Attorney Wannabee. Chapter and verse. For New Jersey, New York, and Nevada.

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It seems very likely that some kind of crime was committed here (taking everything Brandi has said at face value). This is why Brandi should contact the police.

By the way, this is not coming from an "attorney wannabe," this is coming from a practicing prosecutor.

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I didn't write that no crime had been committed, simply that the poster who wrote that it was definitely "attempted rape" needed to get his facts straight before shooting off his mouth about this.

Fact is that according to her description she is in another state with no money to be able to follow through with the time and expenses it would take her to go there and see this through and even if all her facts were as she said there may not be enough to convince a DA to file charges and I would be willing to bet (no pun intended) that no jury would ever convict unless she had some absolute smoking gun. In fact, I cannot see this ever going to trial in the first place.

I'd also like to say, since you are a prosecutor that I believe that we have gone overboard the past few years in the number of criminal cases filed and prosecuted. Prosecutors are no longer using discretion to weed out cases that have very little physical evidence because they are afraid that they will be looked on as "soft on crime". Instead they are willing to let juries hear the case and take their chances or they try to plea it and get conviction records. Many times defendants who aren't guilty have no choice but to accept a plea because they know that they don't make good witnesses before a jury and would be facing massive prison time if convicted. A good portion of these types of cases are "he said/she said" cases where someone accuses another and the prosecutor wants to let the jury decide even though there are no independent witnesses and/or no physical evidence. We are fast becoming a society of criminals and our overflowing prisons attest to that.

My thinking is that if the facts are as she stated she would be better off contacting an attorney to write a letter to the Captain demanding the return of her money. Not sure if this would carry any weight with him but he may decide that 12k (minus the 3k or so he paid back) isn't worth it. Who knows?