In April, 2015, a young girl accused an adult male, more than 40 years older than her, of raping and otherwise sexually assaulting her during a five-year period, while she was between the ages of three and eight years old. Her initial claims were that the accused had intercourse and performed other sexual acts on her every night in which her mother was at work, and that each alleged act lasted 30 minutes or more. The complainant was approximately ten years old when she made these allegations, and she had not been in contact with the accused for over two years at that point.
The accused was charged and arrested in November, 2015, which began the criminal litigation process. The accused proceeded through a preliminary hearing, during which important changes in the prosecution’s case were disclosed as the complainant made significant changes in her abuse claims. It was at this point that a change of counsel was made and Greenspun Shapiro PC took over the representation of the accused. After the case was set for trial in the Circuit Court, additional discrepancies were disclosed as she made even greater changes in her story.
As the case ramped up for trial, Peter D. Greenspun and Mikhail N. Lopez were able to uncover information through subpoenas not previously discovered. That evidence included medical and other records which contradicted the complainant’s claims of abuse. Additionally, our lawyers aggressively pursued motions prior to trial to expose the inconsistencies and lack of truthfulness on the part of the witness, given her ever changing stories and varied recollections.
Finally, more than three years after the original allegations were reported, the case proceeded to trial in August 2017, before a jury. The evidence in the case lasted less than one hour, despite the serious nature of the charge. The complainant, in questioning by the prosecutor, once again changed her story, claiming only that she had been sexually assaulted, but also that she could not remember any details of the events. Due to her change in testimony and lack of specific details, the Circuit Court Judge hearing this case granted a motion to strike the evidence and dismissed the six counts of felony aggravated sexual battery. As a result, the case was concluded and all charges were dismissed without any conditions or findings of guilt.
Greenspun Shapiro and its lawyers and staff are thrilled to have helped our client to obtain the correct and just result in this case. If convicted, the result likely would have included a sentence of many years in prison. Greenspun Shapiro’s client had the courage to stand up to the false allegations and worked closely with his lawyers in preparing for trial. The dismissal of the charges was the right result in this difficult and high risk case and the dismissal of the charges was the appropriate outcome. It is our hope that the previously accused will be able to, over time, put the trauma of this prosecution behind him.