Can my friend really be convicted by just the word of this girl? 13 Answers as of April 15, 2013My close friend's uncle is being accused by an unstable girl of rape, but there is no evidence. He is much older, and has a wife and kids, but this girl claims two years ago he raped her, when she was 17. There is no DNA, proof of pregnancy or abortion, no witnesses, yet she has randomly brought this upon him. He had a past mess up, when he was around 20 he was caught with a minor, which makes this case look bad but still it doesn't prove anything.
The Law Offices of John J. Carney Esq. | John J. Carney
She can have him arrested and he should retain a good lawyer like me and not talk to the poilce no matter what they promise or threaten. Her word is all the police need for an arrest but the prosecutor must prove the case beyond a reasonable doubt and that will be hard to do if she waited two years or seems to have a grudge against him or motive to falsely accuse him.
Answer Applies to: New York
Barton Barton & Plotkin | Maurice Ross
He certainly can be charged based on the accusation of this girl. However, if there is no physical evidence, he may have a strong defense. Your friend needs to retain criminal defense counsel to represent him because prosecutors can, and do, pursue cases based on witness statements in situations like this.
Answer Applies to: New York
Lawrence Lewis | Lawrence Lewis, PC
The testimony of a single witness is enough to convict a person. So, the answer is yes. But that is not why people get convicted. People get convicted because their attorney suck. They choose not to retain the best attorney.
Answer Applies to: Georgia
Law Offices of Marshall Tauber | Marshall Tauber
This guy needs the advice of a really well-informed criminal defense attorney that has experience with criminal sexual conduct cases. Many cases are brought just upon the word of the complaining witness and her psychological counselors without significant evidence other than "he did it before, so he probably did it again...".
Answer Applies to: Michigan
William L. Welch, III Attorney | William L. Welch, III
Yes, if the judge or jury believes the girl's testimony beyond a reasonable doubt. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Reza Athari & Associates, PLLC | Seth L. Reszko
Unfortunately, the statements of the victim can constitute enough to charge your friend of rape or sexual seduction. Sometimes, there is no DNA evidence or other witnesses. Then, it comes to who the jury believes if the case goes to trial. The fact that the act occurred two years ago might be a concern to the police as to why the incident is now being brought up. Whether he will be convicted will depend, again, on what the jury believes if the case goes to trial. Your friend should hire an attorney if he is charged with the crime or if he cannot afford one, the court will appoint one to represent him.
Answer Applies to: Nevada