Legal Question in Criminal Law in Colorado

Falsely Accused/Harrassment

When I was 15 years old I had consensual sex with my 14 or 15 year old STEP cousin. Fast forward two years later I moved to CO where he lived (I moved for other reasons - not to be with him!) and we again had consensual sex. We had a 'thing' for each other and had sex again when he was about 18 and I was 19.

Fast forward to now (I am 37). My daughter was sexually molested by my stepfather (my step-cousin's uncle). My stepfather is currently in jail awaiting extradition. He's going to prison.

My stepfather's family is doing everything they can to smear my name (to take the focus off my step-father -Retaliation? Intimidation?) including saying that I *raped* my step-cousin when I was 18 and he was much younger (fact is he is within a year of my age) to get me to drop the charges against my step-dad.

Aside from the fact that their allegations are lies, I am wondering if this will cause me to be investigated or arrested or? Can I simply provide my birth certificate and it will show that my step-cousin is not more then a year younger then me?

what can do to be pro-active here? Are they illegally harrassing me? (several other things that have happened where I have felt harrassed and intimidated- I can elaborate)


Asked on 5/05/08, 10:19 pm

4 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Falsely Accused/Harrassment

You cannot drop the charges anyway, even if you wanted. The DA is prevented by law from dropping charges agsainst him unless he cannot make even a "prima facie case." If you feel you or your daughter are being harassed, contact the victim/witmness advocate for the DA.

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Answered on 5/06/08, 3:29 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Falsely Accused/Harrassment

You cannot drop the charges anyway, even if you wanted. The DA is prevented by law from dropping charges agsainst him unless he cannot make even a "prima facie case." If you feel you or your daughter are being harassed, contact the victim/witmness advocate for the DA.

Read more
Answered on 5/06/08, 3:29 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Falsely Accused/Harrassment

You cannot drop the charges anyway, even if you wanted. The DA is prevented by law from dropping charges agsainst him unless he cannot make even a "prima facie case." If you feel you or your daughter are being harassed, contact the victim/witmness advocate for the DA.

Read more
Answered on 5/06/08, 3:30 pm
Philip Rosmarin Rosmarin Law Firm

Re: Falsely Accused/Harrassment

You certainly haven't committed any crimes in Colorado, based on what you say; it is highly unlikely you committed any crime elsewhere.

If they are publicly claiming you raped your cousin, you likely have a civil suit in defamation against them. But if I were you, I would ignore these jerks and take comfort in the fact that the actual criminal, your stepfather, is going to prison for an actual crime.

Good luck.

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Answered on 5/06/08, 12:09 pm


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