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.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.