BY MICHELLE KIMThe trial of the 17-year-old assaulted by his 15- year-old girlfriend’s father at John Stark Regional High School was postponed until Jan. 3 to determine if there were issues of self-incrimination for the victim.
The trial of the 17-year-old assaulted by his 15- year-old girlfriend’s father at John Stark Regional High School was postponed until Jan. 3 to determine if there were issues of self-incrimination for the victim.
The trial of the 17-year-old assaulted by his 15- year-old girlfriend’s father at John Stark Regional High School was postponed until Jan. 3 to determine if there were issues of self-incrimination for the victim.
The boy was charged with a sexual assault misdemeanor after the girl’s family learned the two had sex.
Weare prosecuting attorney Lt. Mark Bodanza, who said he has the discretion to continue with the charges, spoke with the victim and her family recently and they expressed the desire to see the case prosecuted.
The 15-year-old gave a statement to police that she had been raped and later said that report was false, according to court documents. Making a false statement to police can carry a penalty of up to a $2,000 fine and a year in jail if charged as a Class B misdemeanor and a $1,000 fine if charged as a Class A misdemeanor, according to Weare police.
The victim and her mother appeared at Goffstown District Court on Tuesday, Nov. 27, with their lawyer, Barbara Landry, of Amherst, who specializes in family law. The prosecution is still determining whether to apply for immunity for the victim, which can only be granted by the county attorney or state Attorney General, because of Fifth Amendment issues against self-incrimination.
The father of the 15-year-old girl faces a probable cause hearing for simple assault, a Class B felony, at Goffstown District Court on Dec. 18. The father has pleaded guilty to assault misdemeanors in the past, according to court documents.
In 1987, he was found guilty on two counts of misdemeanor simple assault in Manchester District Court. The incident occurred on May 17, 1987, involving a 10-year-old boy and 12-year-old boy. He was 17 at the time and was described as striking them several times with his fists.
He appealed and then pleaded guilty to the charges in Hillsborough Superior Court, and was sentenced a total fine of $300, $100 of which was suspended, and 60 days at the Hillsborough County House of Corrections, which was also suspended.
He was also convicted of receiving stolen goods in 2001.
The 17-year-old Henniker boy and the 15-year-old girl, who had been secretly seeing each other, left school grounds the morning of Sept. 10 and later admitted to having sex at his parents’ house.
The girl’s father allegedly assaulted the boy in the school parking lot after being told his daughter had been raped.
The 17-year-old had injuries requiring stitches and the father was charged with a Class B felony, simple assault. Because the girl is younger than 16, consent cannot be legally given. The 17- year-old was charged as an adult with a misdemeanor because the two are less than three years apart.