Even if the rape test kit comes back with my DNA, doesn’t mean it’s rape or it is her word against mine? 25 Answers as of October 15, 2012

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
If your DNA comes back on the rape kit, you need a good explanation of why your DNA was there. You need a lawyer. This is very serious and you should not be talking to anyone about this situation other than a lawyer. The statements you make to other people could be used against you if the statements are inconsistent with your other statements, or inconsistent with the evidence.
Answer Applies to: Missouri
Replied: 10/15/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Unless it is a statutory rape case where there can be no consent, the prosecutor must prove that you penetrated her vagina even a slight amount against her will and without consent. If you claim that she consented and made a false rape allegation out of anger, revenge, or spite to get even for some perceived wrong then it is your word against hers. If there is evidence of bruises, torn clothing, a struggle, injuries to the vagina, semen on clothes, blood on the sheets or clothes, or an immediate reporting then that is additional evidence the jury can consider. If you drove her home and she did not report it for a week the prosecutor will tell her to say she was afraid of you or too embarrassed to report it. If you broke up with her a week later and then she made the allegation that is proof that it is a lie to get even with you.
Answer Applies to: New York
Replied: 10/14/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
California Penal Code 261 pc broadly defines "rape" as non-consensual intercourse accomplished by means of threats, force, or fraud. Rape is engaging in sexual intercourse without the other person's consent, or against his / her will, accomplished by means of force, violence, duress, menace, threats, fear of retaliation or fraud. A conviction for rape is a felony and carries a sentence of up to 8 years in the state prison . DNA evidence only proves you were there, they still need to prove it was intercourse by threats, force or fraud.
Answer Applies to: California
Replied: 10/14/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Rape kit comes back with your DNA, it is a credibility game. Does the jury believe you or her. In GA IF they believe her you get a mandatory minimum life in prison (30 years before the possibility of parole). I pray it was the best consensual sex in the world.
Answer Applies to: Georgia
Replied: 10/13/2012
Mary W Craig P.C. | Mary W Craig
A rape kit only shows that the woman had intercourse, not whether it was consensual. It will be your word against hers.
Answer Applies to: Alabama
Replied: 10/13/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If your DNA is found inside the victim, then the issue becomes one of consent, not one of identity.
    Answer Applies to: Pennsylvania
    Replied: 10/13/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Your word against hers.
    Answer Applies to: Michigan
    Replied: 10/13/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    DNA just indicates that your DNA was found. It could prove intercourse, but absolutely cannot prove consent or not. You are facing serious charges. I can only assume you have an attorney. If you don't, get one NOW. If you do, direct these questions to your attorney.
    Answer Applies to: California
    Replied: 10/13/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the rape kit comes back with you DNA then it shows you had sex with her. Whether it is consentual is another matter entirely.
    Answer Applies to: Michigan
    Replied: 10/13/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If the test kit comes back showing your DNA, all that shows is that you most likely were engaged in sexual activity with her. That does not mean rape if it was consentual.
    Answer Applies to: Michigan
    Replied: 10/13/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    For the purpose of charging, yes, it is her word against yours. There is rarely a third-party witness to sexual activity. In order to convict, the state needs to prove the charge beyond a reasonable doubt. In a trial, it may come down to credibility, both yours and hers.
    Answer Applies to: Minnesota
    Replied: 10/13/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    'Rape kit' DNA results show you had sex with her. The prosecutor still needs to prove it was not consensual.
    Answer Applies to: California
    Replied: 10/13/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    No, it doesn't mean its rape. It would come down to your word against the victim's. There might also be other physical evidence to determine if there was trauma or tear to the vaginal area that the DA would argue means that there was a struggle and that it was not simply rough sex. There might be other physical evidence to show that there was a struggle that the DA might try to use. I would recommend discussing this case with your attorney. The Court will appoint one if you cannot afford one.
    Answer Applies to: Nevada
    Replied: 10/13/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I believe the rape kit only determines whether there was sexual intercourse and can not determine whether the sex was consensual or not. You should hire an attorney and disclose all the facts and circumstances.
    Answer Applies to: New York
    Replied: 10/12/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    All a rape kit proves is you had sex. Whether the woman consented is another issue. Issues such as intoxication of the woman are relevant as are her age and mental capacity.
    Answer Applies to: Washington
    Replied: 10/12/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That's right. Which is why you hire a lawyer, because trust me, no matter what you say, your words will be twisted around to be used against you later in court. That is why the smart thing to do is to exercise your right to remain silent and let the lawyer do the talking.
    Answer Applies to: California
    Replied: 10/12/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    You are correct that a rape kit prove that there was sex, but not necessarily rape. There may be other evidence, such as witnesses or signs of violence, but many times rape cases do end up being your word against hers.
    Answer Applies to: Utah
    Replied: 10/12/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Rape is Sexual Intercourse Without Consent in Montana. The state must prove that there was intercourse AND that it was not consensual. Therefore, you are correct , the fact that your DNA turned up in a "rape kit" is not by itself in any way proof that you committed the offense. Law enforcement will use the rape kit and attempt to corroborate the alleged victim's account of what occurred and attempt to show that any statements that you gave are not true. Incidentally, you should not speak to anyone about what happened other than your attorney.
    Answer Applies to: Montana
    Replied: 10/12/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It can be her word against yours. I once got a jury verdict of acquittal in a rape case, after only 6 minutes of deliberation, because it was consentual sex.
    Answer Applies to: Florida
    Replied: 10/12/2012
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