Does domestic violence have to be medically proven? 1 Answers as of July 14, 2011

Does sexual penetration have to be medically proven? I know for a fact that this did not happen. I was present when the victim woke up, with no injury whatsoever. I was in between the defendant and the victim, not to mention my 2 children. How can the defendant be charged with this serious crime so carelessly?

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Khayoumi Law Firm
Khayoumi Law Firm | Salim A. Khayoumi
First and foremost, the facts presented will most likely lead to "Criminal Sexual Penetration (CSP)" (rape) charges in New Mexico. These are serious allegations and you should immediately contact a experienced criminal defense attorney licensed in New Mexico. In regards to domestic violence in NM, a criminal charge will become a domestic violence classified charge if the defendant and the alleged victim meet the criterion set forth within the New Mexico statute that deals with domestic violence. For example, if D is charged with battery and the Alleged Victim is D's long time school friend and fellow football teammate, then D would most likely be charged with battery. On the other hand, let us pretend that D again is charged with battery; however, the alleged victim is D's ex-girlfriend who has not lived with D for months but at one time D and AV had intimate relations. The State prosecutor can now charge D with domestic violence charges. D would not be charged with simple battery; but rather, Battery Against a Household Member (BHHM) a domestic violence criminal charge with more serious penalties if D is found guilty.
Answer Applies to: New Mexico
Replied: 7/14/2011
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