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Former Aquia Harbour teen files suit in attempt to clear his name in recanted rape accusation
The boy was charged three days later, pleaded guilty to two charges on Aug. 22, 2007, was sentenced Sept. 19, and was given a final sentencing hearing Nov. 19.
Five days later--over the Thanksgiving weekend--the girl told her mother she had lied about being raped. She said she had let the boy into the house and that they engaged in consensual sexual intercourse.
Within days, Sousa contacted an attorney for advice and then notified Rafferty of the girl's changed story.
But Rafferty didn't file a motion seeking to overturn the verdicts until Feb. 28, 2008, court records show.
Juvenile court Judge Julian Johnson denied the motion on procedural grounds, presumably because the motion wasn't filed on time.
The boy was originally charged with rape, abduction and breaking and entering.
After Olsen's office threatened to try the boy as an adult, Rafferty advised the boy's parents that he should plead guilty to keep the case in the juvenile system and avoid the risk of a lengthy term in an adult prison.
She never suggested fighting the charges on their merits, including the boy's innocence, the suit states.
In exchange for pleading guilty to rape and breaking and entering, Olsen dropped the abduction charge and his motion to move the case to adult court.
The boy was held in a juvenile justice facility until Feb. 25 of this year. He is now on probation.
RESPONDING TO THE SUIT
Rafferty did not return calls seeking comment about the accusations in the lawsuit.
Olsen said he has been instructed by the court not to comment on cases involving juveniles.
The Virginia Attorney General's Office is representing the Department of Juvenile Justice and has until Sept. 25 to respond to the suit. The office does not comment on pending litigation, spokesman David Clementson said.
Sousa told The Free Lance-Star she is aware of how her daughter is portrayed in the lawsuit but does not dispute the accuracy of the information.
She said she had hoped the matter would be resolved shortly after reporting to attorneys that her daughter had lied.
She regrets all that the boy's family has been through since the accusations, and said that's why she's willing to be so public.
"This cannot go on. His whole family is dealing with this," Sousa said. "We have to do what we have to do."
Pamela Gould: 540/735-1972