People of Calif. vs. J.C. (Van Nuys Superior Court)
Twenty-year-old client and his 5 friends (ages 17-22) partied with a minor female (age sixteen) over a 48-hour period, during which they engaged in multiple sex acts with her. Despite the fact that she had actively pursued them and ran away from home to be with them, at the end of the weekend she returned home and told her parents she had been kidnapped and gang-raped.
Shortly thereafter, the client, “Mr. C” and his three adult & two underage male friends were all arrested, and prosecuted for a dozen felony counts, including Forcible Rape in Concert (“Gang Rape”) (California Penal Code section 264.1(a)); Aggravated Kidnapping – Rape (Pen. Code section 209(b)); Oral Copulation by Force or Fear (Pen. Code § 287); Oral Copulation in Concert (P.C. § 287(d)); and Forcible Sexual Penetration with a Foreign Object (P.C. § 289).
Ninaz Saffari went above and beyond what any of her professional peers would have done in building up her client’s defense. This included spending many months of in-depth investigation (with the help of her favorite private investigator) obtaining evidence that would ultimately help prove to the DA’s Office that the accuser had lied about virtually everything she had reported to the police.
Ninaz’s extraordinary efforts paid off when, after finally convincing a witness who did not want to be involved in the case to provide her with a videotape of that weekend’s activities. The video, which was shot during both nights, showed the girl enthusiastically soliciting sex acts from the males, including Mr. C., and encouraging them to call more of their friends over to join the fun.
Ninaz also obtained evidence that the accuser’s father was a violent gang member and ex-con who was now threatening to harm individuals connected to the case.
Better yet, Ninaz was able to provide the prosecutor with proof that the accuser had falsely accused another male of rape in a previous case which, unfortunately, resulted in that innocent person going to prison.
Everything came to a head during the prelim, during which Ninaz destroyed the prosecution’s case against all five defendants when she brutally cross-examined the accuser and showed the video in court. (The other five private defense lawyers – all men – let Ninaz take the lead.)
After her cross, Ninaz met with the two prosecutors assigned to the case and showed them the rest of her exculpatory evidence. She then argued before the judge that the entire case should be dismissed because the accuser had repeatedly perjured herself on the stand,
Literally while the judge was reading Ninaz’s motion to dismiss, the prosecutors came back into court and formally dismissed all charges against Mr. C and the other five defendants. Client pled only to a single misdemeanor charge of Unlawful Consensual Sex with a Minor (“Statutory Rape”) (P.C. § 261.5) but with no jail, no sex registration, and only informal probation. Everyone went home that same day.