I made a previous post about a sexual assault that happened to me about a month ago. When I was originally questioned by the investigator it was in an interrogation room, and at that point I hadn’t decided whether or not to pursue charges. The detective ended up talking me into pursuing charges because she said the evidence was so strong. After she questioned the other 2 involved, she called me back in for a second questioning. At that point I thought she was still on my side, but by the end of the interview I realized she had taken the side of the other 2, one of whom actually raped me. The second time I was questioned she read me the Miranda warnings, so I should have suspected from that but I didn’t. Anyways, now she has pressed charges against me for false report of a crime, and giving false statements. My question is, if the Miranda warnings were not read to me during the first questioning, can what I said in that be used against me? I also wasn’t read them yesterday when I was arrested, but I wasn’t questioned at all either. I’ve gotten an attorney and I meet with him Monday, I was just curious. Also, as she was walking me to the back to be booked, she “recommended” me plea first offender because she said it would never go on my record. I’m not so much worried about the reporting a false crime, because I know I definitely didn’t falsely report a crime, but I am concerned about the false statements. I know in my first interview I was in shock from it all, because it was the next day, and I was in denial that my friend had a part of it and was trying to protect her, so that’s why I know I have some differences in my first interview vs my second one. I hope I made some sense. I’m trying to explain the best I can and keep it somewhat short. I’m so upset that I was raped, yet somehow I was the one who ended up in a jail cell yesterday. I completely understand now why people don’t report when they are raped.
zipadeezebra on November 9th, 2018 at 17:10 UTC »
OP here, addressing the “something doesn’t make sense, and there must be more to the story.” Obviously the story isnt that simple and cut dry, but I was trying to explain the best I could without writing a novel. Me and the female had been best friends since we were children and used to be quite wild in my younger days, which I’m sure she told the detective. I willingly turned over all of our text messages from after the incident, and I’m pretty sure those messages are what lead to the detective flipping sides because my friend was trying to convince me that it was our idea. I never said anything back to validate that, and I even told her that I was too drunk to have been able to consent. Also the fact that in my first interview I was still in denial of my friend actually playing the role she did, so I didn’t include information about her that I should have. Now that I’ve had time to actually think about it, I know what happened. She knew she had to get me black out in order for me to go along with this “threesome.” I realize I messed up in my first interview by not telling the detective the role that my friend played, but I was also still in such shock from it all, which I did tell the detective in my second interview, but I know that’s what made my story differ from my first interview. Had I had time to process and really think, my first interview would have went completely different. Honestly, I don’t know what all made the detective flip sides.
C6H12O4 on November 9th, 2018 at 15:41 UTC »
This absolutely breaks my heart. I know three women that have been raped in similar circumstances to this one and none of the reported it. Here this woman goes to the police reports it and now she is facing felony charges, sickening.
I wonder what evidence the police have for making false statements, surely the testimony of the alleged rapist and his girlfriend wouldn't be enough for an arrest when there is a positive rape kit. It must have been something LAOP said in the second interview that differed from the first. I mean I can hardly tell a mundane story the same way two times in a row, nevermind something so traumatic that occurred while you're very intoxicated.
LocationBot on November 9th, 2018 at 13:47 UTC »
Reminder: do not participate in threads linked here. If you do, you may be banned from both subreddits.
Title: Interrogated without Miranda warnings. Now I have a felony charge of false statements, and misdemeanor of false report of a crime. GA
Original Post:
LocationBot 4.2836 | GitHub (Coming Soon) | Statistics | Report Issues