Tag Archives: CONSENT

I have my boss on video calling me a liar

Q: I have video footage that my boss called me a liar and that he is willing to do anything to get me disciplined. I am a union bus driver in the City of Pittsburgh. About a month ago I was spit on by passenger a few days later the passenger’s friend who had calmed her down when I threatened to call the police called him claiming that I called the first woman a cow there is no proof one way or the other than the fact that the woman who sent into complained her story does not match up with the video footage mind you there is no audio and so because there is supposed discourteousness towards a passenger I was given three years-probation on a written warning I videotaped the hearing without my boss and knowing and came to find out he thinks I’m nothing but a big liar and states in the video that he has no proof and then because I failed to mention the last thing that she had said to me before she spit on me in the hearing but I had in my written statement he’s claiming that it’s probably fraudulent on my behalf. (Pittsburgh, PA)

A: This is hard to follow as written. Your video tape obviously has an audio track. This was an illegal recording if you have audio. PA is a two- person consent state. You can be charged criminally for this. I suggest that you be extremely careful in using this tape. You should speak with an employment discrimination lawyer before you do anything.

Statutory Rape?

Q: I’m 16, my possibly soon-to-be boyfriend is 19. Almost anywhere we research or read up it says, 16 is the age of consent and it is legal if I would commit a sexual act (such as intercourse, oral sex, etc.) with him. He therefore won’t be charged with statutory rape. But, there are other websites and forums that say I can only have a sexual relationship with someone of the age 16 and 17 for it to be legal? Could someone help me out? I wouldn’t want to get him in trouble if we would do anything. (Pittsburgh, PA)

A: Under Pennsylvania law, people ages 16 and older can legally consent to sexual activity. The only crime he could be subject to for having consensual sex with you would be Corruption of Minors, given the fact you are a minor and he is an adult. This would require your parent or guardian going forth to file charges and you being a witness or providing statements to prove the case there was sex. My advice to both of you would be to wait until you are 18.

Will new law would affect my son’s conviction?

Q: My son was convicted of rape and additional other charges back in 2002. He was 19 the alleged victim was 18. Both have Asperger’s, but he is on the higher end as he is educated. I had put him in several programs for him to reach his full potential. The court claimed the alleged victim to be unable to consent however the judge found her competent to testify. Her testimony didn’t indicate any acts of force or violence and only attempted oral sex. They prompted her with stuffed animals, crayons and coloring books so during the jury being taken to and from the courtroom the jurors could witness this crap. My son served 8 years in state prison and must now register. I would so like to have the truth revealed and his record cleared. I have letters and documents from that period from her father as well as family members who know she can consent and consented to whatever happened. She has since been arrested for solicitation in a public area. (New Stanton, PA)

A: As noted, the appeal deadlines have long passed. A direct appeal was due within 30 days of sentencing and a Post-Conviction Relief Act petition was due within one year of his conviction. As far as any Megan’s Law rules that he may be subject to, you should call his parole or probation officer to see what is required of him. If he would fail to register or report as required, he could be incarcerated again so it is very important that you and he know what is expected of him. It may be a long shot but there is a rule regarding after discovered evidence that will, in certain circumstances, allow a new trial. If you feel that recently discovered evidence would prove that she had capacity to consent back in 2002, and this evidence was not available to you until now, you may want to review that information with a criminal appeals attorney.