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Craigslist rape case may cause legal hurdles

07:25 AM EDT on Tuesday, June 16, 2009

By NewsChannel 36 Staff
E-mail Us: NEWS@WCNC.com

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Craigslist rape case may cause legal hurdles

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CHARLOTTE, N.C.-- The NewsChannel 36 I-Team has learned that the man accused of a rape, allegedly arranged on Craigslist by the woman’s husband, was, until last fall, living with a common-law wife and running a computer repair store outside of Minneapolis, Minnesota.

Rodney Liverman, 39, who most recently lived in Norwood in Stanly County, is accused of raping the woman on May 31 in her Kannapolis home.

Investigators arrested the woman’s husband and charged him with rape for allegedly setting up the attack with Liverman on Craigslist.

Liverman had been running a company called Advanced Computer Concepts in Lindstrom, Minnesota with his common-law wife.

The couple had two children ages 9 and 12.

Last fall they broke-up and the wife obtained a restraining order against Liverman saying he had become abusive.

Sue Meland who worked in another building near the computer repair store said she talked with Liverman every day and was shocked to hear he had been charged with an arranged rape.  “Incredible, unbelievable,” she said. “Are you sure you aren’t making it up?” she asked.

Liverman made his first appearance in court in Cabarrus County Monday morning.

His bond was kept at $250,000. His next court date will be July 6 for a probable cause hearing.

Kannapolis Police investigated the rape and with help from the Secret Service tracked down Liverman and the e-mails between Liverman and the husband.

The husband, who was also charged with rape, is not being named to protect his wife’s identity.

Police Captain Chuck Adams said there was no question that Liverman knew the rape was to be the real thing and not some kind of role-playing game. 

“Mr. Liverman should have known from the correspondence that the victim would not have been a consenting party,” he said.       

 

Legal Hurdles

 

What did Rodney Liverman know and when did he know it?

Dr. Vivian Lord is the chairperson of UNC Charlotte’s Criminal Justice Department and says, "a man saying it's ok to rape his wife that's just outrageous".

Certainly Liverman does not face a garden variety rape case.

This is different, unique, because he was contracted on Craigslist for this alleged rape.

Some attorneys think he has a better chance of beating the rap.

"The better defendable case is the bizarre case, because it is so out there," says George Laughrum who is one of the best defense attorney's in Charlotte.

"You've got a lot of defenses available such as is it part of a role play, was it for a fetish or fantasy role play," says Laughrum.

What Liverman might have believed about consent may be critical to his defense.

But no matter, Dr. Lord says he should have known better.

"this person broke into her home in the middle of the night, held a knife to her; no jury should look at those particular behaviors and say this person is consenting," says Lord.

"but if that's in the suspect's mind he's sitting there thinking maybe they have talked about this and their both into this ok I'm going to play along," says Laughrum.

On one point both of our experts agree. "he put himself in a high risk situation and it certainly was not a bright move on his part," says Lord.

Typically rape shield laws prevent a victim's past from being brought up in court, but this case is so unique that details that normally would not be considered fair game might be discussed in this situation.

(NewsChannel 36 reporters Rad Berky and Glenn Counts contributed to this article)

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