What are the chances a district attorney will file charges in a sexual assault case? 9 Answers as of July 25, 2013

My friend was with a girl who he met on the Internet, the same day they hung out. In text messages they discussed to do things like touching kissing etc. the only thing they agreed on was to not have sex. He picked her up and they hung out at his place she gave him oral sex for a couple mins as he played with her vagina. This was the furthest they went this all started because the girl wore no underwear initially and she told him this. Well after about 15-20 mins of this she wanted to stop my friend stopped and did no more the girl said I want to go home. So she got her things together and started to walk out , he asked her ok let me at least give you a ride home. She said no ill just walk, he said ok and left the situation alone. Hours later the cops showed up to his house and detained him then took him down the police station, for an investigative session with a detective. He gave his story and then the detective let him go. Nothing has happened since then, this issue took place 1 month ago in Salt Lake City, Utah. He talks to the detective weekly to figure what charges were they were trying to file against him recently a couple days ago he just learn that the victim had not been answering the phone or accepting calls from the detective. The DA told the detective a couple weeks ago to get more interviews from victims and witnesses but he said none would answer. My friend is worried sick waiting to hear back what the verdict will be. The Detective recently sent back the files letting the DA know he couldn't get in touch with victims or witnesses. My friend is waiting to hear what the DA will do. So we are curious will they just dismiss the case due to a lack of evidence or no victim ?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
If they have no witnesses or evidence then they can't bring a case. That person should get a lawyer and stop talking to the police.
Answer Applies to: Michigan
Replied: 7/25/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
If the victim alleged that your friend raped her, and then she walked home, your friend has problems. You failed to mention anything about the allegations or the rape kit. Was a rape kit performed?
Answer Applies to: Georgia
Replied: 7/18/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
The DA has an investigative staff that may try to track down potential witnesses. If he is not successful in doing this, the case will be put in a dormant status, and nothing will be filed, unless someone follows through with it at some future date.
Answer Applies to: Illinois
Replied: 7/18/2013
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Without knowing many more facts and details, I could not comment on this. Your friend should retain criminal defense counsel immediately if he has not yet done so. And your friend should not be talking to anyone from law enforcement about this. He should remain silent at this point-there is nothing more he can say that will help him.
Answer Applies to: New York
Replied: 7/18/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
He should hire a lawyer before he forgets he has the right to remain silent and cop himself out. Remember, no matter what you say it will be twisted around and used against you later.
Answer Applies to: California
Replied: 7/18/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You left out a very important fact. How old is your friend and how old is the girl?
    Answer Applies to: Washington
    Replied: 7/18/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Did you see the part where they ask what state you are seeking information in? I can only help with Massachusetts law.
    Answer Applies to: Massachusetts
    Replied: 7/18/2013
    Gates' Law, PLLC | Thomas E. Gates
    Your friend needs to stop contacting the police! In doing so, he is keeping the issue fresh in the detective's mind. It sounds like no charges will be filed.
    Answer Applies to: Washington
    Replied: 7/18/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Tell your friend to get an attorney now and to stop speaking with the authorities until he does.
    Answer Applies to: Michigan
    Replied: 7/18/2013
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