If someone was incarcerated for 1st degree rape, and the women that was supposedly raped said he didn't do it. Could that help him any? 40 Answers as of May 22, 2013

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Law office of Robert D. Scott | Robert Scott
It depends upon whether his appeal time has lapsed, and whether she is willing to make that statement to the authorities.
Answer Applies to: Maryland
Replied: 9/7/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
As long as she was not coerced to say that, and she told the DA, then a PCRA could/should free him.
Answer Applies to: Pennsylvania
Replied: 9/7/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
It could help depends on how reliable the admission was wneh made by this woman and wheterh it will hold up in court. The procedure is to file a motion to set aside conviction based on newly discovered evidence and for the court to have a hearing on the matter.
Answer Applies to: Alabama
Replied: 9/11/2012
Conway Law Pllc.
Conway Law Pllc. | B. L. Conway
Yes, apply for a new trial based on after discovered evidence. Well, the 1st thing to do is get a great lawyer.
Answer Applies to: Virginia
Replied: 9/7/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If a rape victim recants her accusation the help to the defendant depends on numerous facts. If the defendant is in prison then it is because he was convicted or plead guilty. If he plead guilty there is little that can be done. If he was convicted in trial the evidence will play an important part in knowing if the change by the victim will help. If a rape examination was positive and it DNA was his then no luck. There may be other evidence supporting his conviction other than the testimony of the victim. As you can see like most criminal cases the evidence determines the outcome.
Answer Applies to: California
Replied: 9/7/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Possibly, but people recant their statements for many reasons. The police and prosecutors will still be very suspect, especially in rape cases. If the evidence proves rape, then the recanting of her statement will do little to help.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Hamblin Law Office | Sally Hamblin
    It may viewing it as new evidence. You have to make sure the appellate papers are filed properly. Is there any other evidence to counter what the victim is now saying? If so, it becomes very difficult.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Of course it could. If she is willing to testify to that at trial he should be found not guilty.
    Answer Applies to: Massachusetts
    Replied: 9/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If he was arrested and is incarcerated pending trial a statement by the complainant could be useful to run a bail hearing and have the bail lowered or to get an ROR release without bail. If he was already sentenced it could be used to make a 440.10 motion to vacate the conviction. His lawyer should be notified so that the matter can be handled properly or here could be charges of tampering with a witness. If the "victim" knew the defendant or was a girlfriend the prosecutor may be suspicious that she was raped and is now lying to get him off, or that she never was raped and was trying to get him into trouble and now regrets it. Either way, she would have signed a supporting deposition saying she was raped and if she now recants that statement she may be charged with making a false police report.
    Answer Applies to: New York
    Replied: 9/7/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Absolutely! He needs an experienced criminal defense attorney.
    Answer Applies to: Illinois
    Replied: 9/7/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Yes it could. She should hire an attorney and talk to the prosecuting attorney.
    Answer Applies to: New York
    Replied: 9/7/2012
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    Yes, of course. She is the key witness. However, the defendant may still be convicted if there is enough forensic evidence and the jury believes the prosecution.
    Answer Applies to: New York
    Replied: 9/7/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on many factors, but it likely is a help.
    Answer Applies to: Colorado
    Replied: 9/7/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Possibily, but the judge and prosecutor would have to believe it. He should get a lawyer and she should go talk to him.
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, but to make it work best, she should have a lawyer go with her. The cops and prosecutor may try to talk her out of it or make it seem like she is recanting but that the truth is rape If she talks to the defense lawyer, it probably will go better. She may still want a lawyer. All jail calls are recorded - say nothing to police but I want a lawyer.
    Answer Applies to: Colorado
    Replied: 9/7/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It may or may not. Witnesses recant for many reasons. For some, it is due to fear or coercion. Consequently, the prosecutor may chose to proceed.
    Answer Applies to: Washington
    Replied: 9/7/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding the person's arrest. He/she would then be in a better position to analyze his case and advise you of his options.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, that can help. Contact a criminal defense attorney in your area to discuss further.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    DA's aren't stupid. They are trained to deal with recanting witnesses.
    Answer Applies to: California
    Replied: 9/7/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It certainly would help him out, however, the woman involved could be facing serious charges herself for filing a false police report, perhaps perjury. It would be a god idea to hire an attorney to represent the woman and then, she should accompany him to the prosecutor's office and discuss what is happening, let him decide what to do, which could entail charges being dropped for the rape.
    Answer Applies to: Illinois
    Replied: 9/7/2012
    Mary W Craig P.C. | Mary W Craig
    If the victim recants, that can help. However, if the judge or jury doesn't believe the recantation, and if there's any evidence at all that the defendant had any contact with the victim after the arrest, then the judge or jury may think that the defendant bullied the victim into it. The victim needs to go talk to the DA and see what she can get done.
    Answer Applies to: Alabama
    Replied: 9/7/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Yes, but it takes a very strong presentation.
    Answer Applies to: New Jersey
    Replied: 9/7/2012
    T.K. Byrne | Timothy K. Byrne
    If there is no DNA and or she is a serial accuser or has other issues that affect her credibility.
    Answer Applies to: Mississippi
    Replied: 9/7/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    You would think so. However, we live in a society that LOVES their cops and jails and we have to keep our jails "stocked."
    Answer Applies to: Michigan
    Replied: 9/7/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, of course. Having a witness on your side is going to help, and if it's the victim, then it helps a lot.
    Answer Applies to: Utah
    Replied: 9/7/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Yes, that would help him unless it was entirely not credible.
    Answer Applies to: Pennsylvania
    Replied: 9/7/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Yes, it's recantation but you must file a PCRA petition within 60 days of finding out.
    Answer Applies to: Pennsylvania
    Replied: 9/7/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    His family needs to consult with a lawyer who handles post conviction applications for writ of habeas corpus. He will have to hire the lawyer; they will not appoint one to represent him.
    Answer Applies to: Texas
    Replied: 9/7/2012
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