What is the possibility of winning a statutory rape case in which there is no physical evidence? 51 Answers as of December 28, 2011

Several years ago, someone I knew threatened to falsely accuse me of statutory rape. There is no physical evidence. Does this seem likely to succeed? Does the gender/sexual orientation of the people involved matter? Do you think it would be possible to plea bargain such a case down to something without jail time or sex offender status? I can't afford a lawyer unless such an accusation actually does occur.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
There is always a possibility that you will never be charged; or that, even if you are charged, the prosecutor would be unable to meet their burden of proof. Anyone charged is presumed innocent until proven guilty. You have a right to council. I'd recommend you exercise that right. It should be noted, though, that statutory rape is known as a "strict" liability offense; meaning that intent is not an element of the offense. "Strict liability" offenses may be somewhat easier to prove for a prosecutor. The question is strictly whether there was sex or not and whether the other party was of age. However, as with any case, the burden of proof is on the prosecutor. The prosecutor must prove the allegations beyond a reasonable doubt. Questions of fact, i.e., guilt or innocence, are up to the fact finder; i.e., a judge or jury. Credibility of the witnesses, as with any criminal sexual conduct charge, will be a key factor.
Answer Applies to: Michigan
Replied: 12/28/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
For a person to be convicted of statutory rape the following need to be proven. 1. That the victim was a minor. 2. That the defendant was an adult. 3. That intercourse took place. The first two can be proven by proving the time that the incident took place. The last is more difficult to prove. The closer to the date of the incident the more evidence will be available for proving or disproving this. As you say this is several years after the incident this will be more difficult to prove. It however is not necessary impossible to prove. The gender or sexual orientation of the people involved does not matter in the legal facts or conviction requirements of this charge. If you are charged by the state you should hire an attorney as soon as possible and do not talk to anyone about this alleged incident. Your attorney can review the evidence and provide you with your options.
Answer Applies to: California
Replied: 12/13/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
I bet the statute of limitations has already run as you said this was several years ago. Plus the DA would have to file charges. Normal citizens cannot do this.
Answer Applies to: California
Replied: 12/12/2011
Aaron Black Law
Aaron Black Law | Aaron Black
It is not appropriate for an attorney to give you the odds of winning a case. In most cases a plea offer is made. However, if you did not commit the crime you should not accept a plea.
Answer Applies to: Arizona
Replied: 12/12/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Plea bargaining actually would depend upon a number of factors including the evidence. A weak case would lend itself to a plea bargain whereas a strong case would probably not. A case where there is only one person's word against anothers without any corroborating evidence would be a weak case. The prosecutor may not even file the case with only testimonial evidence.
Answer Applies to: Kansas
Replied: 12/12/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    First, my advice is never never never plea to something you did not do, even to avoid jail time. That is easy for me to say, but think of it like this, the system is flawed. I think it is the best system in the world, but it is flawed. The number one flaw is the theory that you are innocent until proven guilty. That is a nice thought, we repeat it like a mantra but in fact, the State assumes you are guilty and the State through the DA's office will do anything to prove it. They do not seek the truth, they seek convictions and that is where plea bargains come into play. In a perfect system, plea bargains make justice move smoothly and efficiently. We do not have a perfect system because too many citizens accused plea to things they did not do to avoid jail. Please do not be part of the flaw in the system. If you did it, that is another story, but if you are in fact innocent, do yourself and society a favor, fight the state will all your heart and soul. Statutory rape is not dependent upon physical evidence, there is seldom physical evidence, it is a crime based on age. You are over 18, the complainant is not, and the sex can be consensual. It is a matter of age. Does the sexual orientation matter? That would depend largely upon your jury pool. In other words, if you are referring to same-sex and in Austin, it might make a minor difference but in Kerrville or Fredericksburg it would make a huge difference. The political slant of the community comes into the courtroom whether you want it to or not. We ask jurors to be fair, but they can only put off so much of their personal beliefs at the door.
    Answer Applies to: Texas
    Replied: 12/12/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The ability to win the case depends on whether there is a reasonable doubt as to guilt. That is what a good defense attorney tries to show. One would have to see the police reports and talk with witnesses to give a more accurate assessment.
    Answer Applies to: Michigan
    Replied: 12/12/2011
    Richard W. Barton
    Richard W. Barton | Richard W. Barton, Esq.
    The chances of winning such a case are good. The obvious considerations are why would the supposed victim wait to report this, if it were true? And why not report it at the time? Charges like this are not uncommon, and if you have a good lawyer working for you from the start, the district attorney can be shown that the charges are not true, before there is an indictment. That's critical, because once there is a grand jury indictment, the DA's will be much more eager to press the case.
    Answer Applies to: New York
    Replied: 12/12/2011
    B Jason Jones Law Firm LLC | B Jason Jones
    This answer is for Alabama, and I am not responsible for mistakes and/or inaccuracies. This answer does not establish an attorney/client relationship. A person can be accused of something with no solid legal basis for the accusations. It would not be surprising for someone that is angry with someone else to threaten to accuse the person he/she is angry with of a crime, and even to file a report against the person he/she is angry with. However, proving the allegations is another matter. And, there are penalties for filing false reports. Why are you already thinking about plea bargaining something down, if you did not do it? Youstated that the personthreatened to falsely accuse you. You alsostatedthat the threatwas several years ago. Don't let someone ruin your life with worryfrom them makingidle threats. However, if someone accuses you, and you were to end up being charged, that is a time when you could use an attorneyto help you with your case. You could possibly be eligible for a court appointed attorney. Your case will also go before a Grand Jury, which could possibly drop the charge.If youdo get anattorney, it will be your attorneysjob to defend you, look into your case, and the evidence (or lack of evidence), and try to either get your charges reduced, or dropped. You do not have to have an attorney for the Grand Jury. In addition, if you choose to go to trial, it is your attorneys job to defend you at trial. Thereare a number of things that could be used as evidence in a statutory rape case, including, but not limited to testimony. Of course, even if there is testimony, it does not mean that you would automatically be convicted based on the testimony. In statutory rape,a personcannot okay the sexual incident. By law, no matter if theunderage person agrees or not to the sexual act, it is still considered rape. Of course, certain things have tohappen for there to be statutory rape. Below, I have listed several Alabama statutes that might relate to your situation. The listmay not be all the statutes that would/will apply. If you think the threats are serious, you may want to get a consultation with an attorney. An attorney might could give you more information at the consultation. I could say more, but maybe this will give you some answers to some of your questions. Again, I encourage you to not let someone ruin your life with worry, from them making idle threats. 13A-6-61. Rape in the first degree (a) A person commits the crime of rape in the first degree if: (1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or (2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or (3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old. (b) Rape in the first degree is a Class A felony. 13A-6-62. Rape in the second degree (a) A person commits the crime of rape in the second degree if: (1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex. (2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective. (b) Rape in the second degree is a Class B felony. 13A-6-63. Sodomy in the first degree (a) A person commits the crime of sodomy in the first degree if: (1) He engages in deviate sexual intercourse with another person by forcible compulsion; or (2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or (3) He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old. (b) Sodomy in the first degree is a Class A felony. 13A-6-64. Sodomy in the second degree (a) A person commits the crime of sodomy in the second degree if: (1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old. (2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective. (b) Sodomy in the second degree is a Class B felony. 13A-6-65. Sexual misconduct (a) A person commits the crime of sexual misconduct if: (1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or (2) Being a female, she engages in sexual intercourse with a male without his consent; or (3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision. (b) Sexual misconduct is a Class A misdemeanor. 13A-6-66. Sexual abuse in the first degree (a) A person commits the crime of sexual abuse in the first degree if: (1) He subjects another person to sexual contact by forcible compulsion; or (2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated. (b) Sexual abuse in the first degree is a Class C felony. 13A-6-67. Sexual abuse in the second degree (a) A person commits the crime of sexual abuse in the second degree if: (1) He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or (2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old. (b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony. 13A-6-69.1. Sexual abuse of a child less than 12 years old (a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact. (b) Sexual abuse of a child less than 12 years old is a Class B felony. 13A-6-70. Lack of consent (a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim. (b) Lack of consent results from: (1) Forcible compulsion; or (2) Incapacity to consent; or (3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old; or (2) Mentally defective; or (3) Mentally incapacitated; or (4) Physically helpless.
    Answer Applies to: Alabama
    Replied: 12/12/2011
    Orent Law Offices, PLC
    Orent Law Offices, PLC | Craig Orent
    Many cases proceed and result in conviction without physical evidence; a witness' testimony is technically enough. However, there are way too many variables in such circumstances for anyone to give you an accurate, reasonable answer to your questions. Plea bargaining always is a possibility, but whether the outcome would be favorable will depend on the overall circumstances. You need to discuss this with an attorney directly, and not online. Feel free to contact me directly if you prefer, but regardless you should meet with an attorney.
    Answer Applies to: Arizona
    Replied: 12/12/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Rape is the easiset charge to allege and the hardest to disprove. You should always rely on competent counsel to lead you through this type of case as the results, if the case does not go your way, are horrible. Counel should be on board as early as possible. You cannot avoid the sexual offender statute if you are charged with rape or any other sexual related offense.
    Answer Applies to: Alabama
    Replied: 12/12/2011
    Leonard J. Levenson Attorney At Law | Leonard J. Levenson
    If the event happened months ago without a complaint, it’s unlikely that you will prosecuted. Rape consists of a person inserting a penis into a vagina. Consequently, a male cannot rape another male. The same with a woman. However, a male can have illegal sexual contact with another male. Same with a woman.
    Answer Applies to: New York
    Replied: 12/12/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You can qualify for a court appointed attorney. But it sounds like a difficult case for them to prove.
    Answer Applies to: Texas
    Replied: 12/12/2011
    Myles Hahn III Attorney at Law | Myles Hahn III
    Statutes and laws governing sex crimes are complicated. In some cases, the State will allege that actual physical force (such as wrestling with someone or physically dominating them) was used by a defendant. Some crimes rely only on the victim's age. In some situations, the law provides that a victim was not capable of legally consenting, even if the parties knew each other or the underage victim said "yes". It is not possible to render accurate assessment, unless one speaks to the defendant and any witnesses. Any reports generated by the police must also be reviewed.
    Answer Applies to: Illinois
    Replied: 12/9/2011
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    Where it is just your word against hers, you have a very decent chance of winning such a case if you are represented by a competent attorney. The gender or sexual orientation of the person does not matter. There are always plea negotiations possible, but if I was your attorney, I would not look to plea to a lesser charge when we could easily win the case outright.
    Answer Applies to: Georgia
    Replied: 12/9/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Without more facts an accurate answer cannot be given. If charges were to be brought, they would be authorized by the prosecuting attorney who would have to determine whether the charge could be proven beyond a reasonable doubt. As time passes, the likelihood of charges being authorized decreases.
    Answer Applies to: Michigan
    Replied: 12/9/2011
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Testimony from the underage victim can be evidence. If a jury believes that testimony beyond a reasonable doubt, you could be convicted. Most people expect cases to hav DNA and fingerprints. a majority of cases involve testimony, circumstantial evidence and coroborating evidence or testimony. Wyomingites will be the first to say that there is no gay bias here. But you can look at a recent court case where a court wouldn't divorce a lesbian couple married elsewhere for fear they would inadvertantly acknowledge gay marraige. So, i would say that male male, and female female relationships do play a factor, but i could not say how much. I do believe juries listen to the facts. Sexual Abuse/Assault cases are the current plague on our society. i am suprized we don't have a "war on sex offenders" yet. Every sexual offense has increased in penalty and registration requirements. I wouldn't rule out the possibility of probation, but depending on the age difference i wouldn't rule out prison. To stay off the registry, you will need the District Attorney's blessing, or win a jury trial. All will depend on the county, the Prosecuting Attorney, and the Court. It was very difficult to answer your question with so little details. It is almost impossible to "predict" an outcome of a case. talk to a criminal defense attorney.
    Answer Applies to: Wyoming
    Replied: 12/9/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    You cannot put a possibility percentage on whether you will win or not. You need to look at the strength of the prosecution's case and decide on your options of how to proceed. A lawyer's advice is invaluable after looking at your case.
    Answer Applies to: New York
    Replied: 12/9/2011
    Lewin & Lewin | Robert D. Lewin
    In the vast majority of statutory rape cases there is no "physical evidence". No DNA. No injuries. No semen. No blood. Nothing. Typically these cases are one person's word against another person's word. In most cases there are no percipient witnesses. A percipient witness is a witness who was present at the time and place of the offense. The gender/sexual orientation of the people involved as a matter of law makes no difference whatsoever.; but, the gender/sexual orientation of the persons involved may have some impact on the jury's determination of what the facts really are. Many statutory rape cases get plea bargained down; but it all depends upon the specific facts and circumstances of the case, the strength or weakness of the state's case, and a host of other variables.
    Answer Applies to: Massachusetts
    Replied: 12/9/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Do not underestimate the possibility of being convicted on these facts. In most cases involving these allegations there is no physical evidence. It is possible to negotiate a plea that does not require registration or jail time. The most important factors are the credibility of the complaining witness and your prior criminal history. Make sure you contact a criminal defense lawyer right away.
    Answer Applies to: California
    Replied: 12/9/2011
    Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
    The details are sketchy, but based on what you have asked you should consider the following: "Physical evidence" is not absolutely necessary, just the testimony of the alleged 'victim' (if the jury believes it) can be sufficient for a conviction. If you have 'proof' of the earlier threat that might be some help in attacking the victim's credibility at trial. Gender/sexual orientation would not, normally, play much of a part in either the prosecution or defense of such a charge, and depending on the circumstances of the alleged offense it is always possible to bargain it down to a non-registerable offense.
    Answer Applies to: California
    Replied: 12/9/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can be accused of statutory rape if you have sexual intercourse with a person under age 17. They do not need any physical evidence. Te plea depends on your age, the age of the victim, your prior record, and a number of factors. It is usually plead to probation but you might have to register as a sex offender.
    Answer Applies to: New York
    Replied: 12/9/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It will be tough to prove if the charge is so old with no physical evidence.
    Answer Applies to: New York
    Replied: 12/9/2011
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    The testimony of the victim alone is enough to sustain a conviction for this crime. And yes, men are far more likely to be charged for this than women. A plea bargain is offered in most criminal cases.
    Answer Applies to: Georgia
    Replied: 12/9/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Explain I cannot afford a lawyer, until I am charged and facing prison. Either you can afford a lawyer, or you cannot. If you can, retain one. If not wait, and see if you are charged.
    Answer Applies to: Georgia
    Replied: 12/9/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Several years ago you were threatened? Why are you worrying about it now? Cannot afford an attorney unless charged? This is usually VERY serious stuff. If anything appears imminent, you CANNOT afford not to have counsel. As to the balance of the questiond, there is not enough information to begin to formulate a reasonable answer. When? Ages of participants at occurrence? just for a few.
    Answer Applies to: California
    Replied: 12/9/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    Things are starting off on the right foot given the time that has elapsed and the lack of physical evidence. The case sounds suspect out of the gate. The other facts may or not matter; it just depends, but without any unbiased witnesses I would think that this case will not ever be charged and if it is is it would be hard to prove and so readily subject to a satisfactory plea bargain if it gets that far.
    Answer Applies to: Washington
    Replied: 12/9/2011
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    If the situation happened several years ago you probably don't have to worry about because the statute of limitations has most likely expired. If not, many if not most of these cases proceed without any physical evidence; that is not a requirement for a prosecutor to file charges. Sometimes there is, such as DNA. But with any case, charges will only get filed if the prosecutor feels the case can be proven to a jury beyond a reasonable doubt. That is to say, if they feel that there is enough evidence. When there is no physical evidence, the case can well turn on whether or not the complaining witness is believable. In a case such as this, one of the first things cops do after a complaint is come to talk to the suspect to try and get some incriminating information from him. If the cops have not talked to you yet, and it has been several years, chances are the case is going nowhere. If the cops do come to try and talk to you, don't say anything to them; tell them you do not wish to make a statement without your lawyer! Period! They are smart and will try and induce you to make one, but don't be lured in. Remain silent and get a lawyer! Hope this helps.
    Answer Applies to: California
    Replied: 12/9/2011
    Law Office of James S. Lochead
    Law Office of James S. Lochead | James S. Lochead
    The District Attorney has to prove you had sexual relations with a minor, beyond a reasonable doubt. That could be difficult without physical evidence, but certainly not impossible. The likelihood of a "no jail" disposition depends on the strength of the District Attorney's case. They must have some evidence or they will not file the case.
    Answer Applies to: California
    Replied: 12/8/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Anybody can threaten criminal charges, but only the prosecuting agency (usually the DA) has the authority to file charges. Could this person make a police report? Sure. Would the police investigate? Yes. Would they get enough evidence to convince the DA to file charges? Don't know. Does the gender matter? Well - for "statutory rape" (more correctly called unlawful sexual intercourse under Penal Code section 261.5), there must be one male and one female involved. There are other sex charges for other sex acts, but for 261.5, there must be an act of sexual intercourse. Can they prove this without physical evidence? Absolutely. Alleged victim says intercourse happened, suspect admits. They could certainly prosecute without any physical evidence in that case. Unlawful sexual intercourse does not carry sex offender registration. Other sex crimes involving minors may, but not that one. If you're seriously under investigation, you should get a lawyer now. If this is just idle threats and rumors, then keep your mouth shut and hope for the best if you don't want to get a lawyer in your corner in this point.
    Answer Applies to: California
    Replied: 12/8/2011
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Without an admission from you it is doubtful that the state could prove that the act occurred. After this period of time, it is unlikely that the authorities would act on this person's allegation.
    Answer Applies to: Minnesota
    Replied: 12/9/2011
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    I doubt any states attorney would pursue such an old charge.
    Answer Applies to: Illinois
    Replied: 12/8/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Impossible to guess without a lot more info. A lot of sex cases don't involve any physical evidence. It would depend on the credibility of the accuser. Gender / sexual orientation are probably irrelevant.
    Answer Applies to: California
    Replied: 12/8/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    There would be a big problem with the allegations themselves if a) the alleged victim is over 18 and more than three years have passed since the alleged act due the Statute of Limitations. The other problem would be the issue of waiting so long to make the claim. That would cause credibility issues for the alleged victim. As far as plea bargaining goes, It would be difficult to advise you because I don't know the facts of the case. Based on what you have told me, I would urge caution in entering any plea but "not guilty."
    Answer Applies to: Washington
    Replied: 12/8/2011
    Adesina Law Office, P.C.
    Adesina Law Office, P.C. | Adebayo Adesina
    Statutory rape is based on the underlying fact that the victim is a minor at the time of the rape. In other words, consent of the victim is not a defense. All things being equal. If there was otherwise consensual sex with a minor, there is no evidence of such an encounter and the accused denies the occurrence then it is unlikely that the case will be prosecuted and their is fair chance of winning if prosecuted. It not advisable to discuss sensitive/potential criminal matters in a public forum such as this and children should be off limits. Discuss privately with a competent attorney.
    Answer Applies to: Illinois
    Replied: 12/8/2011
    Ascheman & Smith | Landon Ascheman
    There is a possibility of winning, but based on the limited facts that doesn't mean much at the moment. The best thing you can do is find an attorney you like, that you think would be a good fit for you. You don't need to hire them at the moment, but you should have the number on hand at all times (stored in your phone, ect.) Then if something happens, you know who to turn to right away.
    Answer Applies to: Minnesota
    Replied: 12/8/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    You should not consider a plea of any sort if you were falsely accused and there is no evidence a crime was committed.
    Answer Applies to: Michigan
    Replied: 12/8/2011
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    It is possible be convicted of rape without any physical evidence, but it more difficult to convict than when there is physical evidence. It depends in large part on the credibility of the alleged victim and the alleged perpetrator. Look at the Penn State/Sandusky case. There is no physical evidence of sexual abuse but there are witnesses and victims who seem credible. Convicting Sandusky will probably be easier because of so many victims (and his own stupid statements corroborating those witnesses and victims allegations) than it would if there was only a single incident. So the answer is yes there's a possibility of winning but also a possibility of losing. Chances are it could be plea bargained.
    Answer Applies to: Louisiana
    Replied: 12/8/2011
    Law Offices of Louis M. Leibowitz, LLC
    Law Offices of Louis M. Leibowitz, LLC | Louis Leibowitz
    A rape accusation is very, very serious. Certainly, if the case is based primarily on the word of the accuser it is a winnable case. But it is still very serious. You should definitely retain an attorney. If you cannot afford an attorney, go to the public defender. People are convicted in cases like these. Be very careful and don't make any statements to the police.
    Answer Applies to: Maryland
    Replied: 12/8/2011
    Phillip A. Arieff Attorney at Law | Phillip A. Arieff
    Depending on the county, prosecutors have discretion to issue cases. However, they must have at the time formal charges are reviewed, least probable cause to believe in good faith that the facts can be proven. In a trial they must satisfy, or fulfill the elements, or criteria of the crime beyond a reasonable doubt, the highest standard. Verbal testimony corroborated by "excited utterances" or "present sense impressions" testified by others (i.e., victim says rape happened, and relatives or coworkers testify as to her being upset hysterical, disheveled, etc.), can be the basis of a conviction but it would be a shaky case most prosecutors would not want to go to trial on.
    Answer Applies to: Wisconsin
    Replied: 12/8/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If it happened several years ago you don't need to worry about it.
    Answer Applies to: Michigan
    Replied: 12/8/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Older cases with no physical evidence are difficult, but not impossible to convict. In many situations, prosecutors choose not to charge a person for that reason. The gender/orientation of a person doesn't really have a bearing on the likelihood of charging or success. Most convictions would result in some jail time, and almost always sex offender registration.
    Answer Applies to: Minnesota
    Replied: 12/8/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    If and when you are arrested is when you should seek answers to these questions, as all of this is in the hypothetical unless and until you are charged with a crime.
    Answer Applies to: New York
    Replied: 12/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Rape cases can be difficult to prove and are among the cases that prosecutor's most often lose. Statutory rape cases are a little different in that the state does not have to prove that the sexual encounter was against the victim's will, just that it occurred. Absent physical evidence, testimony from other witnesses, or some sort of video taping, it will come down to the victim's word against yours. It will be a credibility battle. Dates and times can also become very important because depending on what dates and times the victim alleges, you may be able to have an alibi. If charged, make sure you have an experienced criminal defense attorney on your side. Yes, plea bargains are possible and sometimes agreements can include charges that do not involved registering on the Sex Offender Registry. But if the allegations are false as you claim, why would you plea to anything if you did nothing wrong? That would be committing perjury. Make sure you consult with a lawyer before making any decisions should it come to that.
    Answer Applies to: Michigan
    Replied: 12/8/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Such circumstantial evidence could lead to charges, and even a trial, without physical evidence. However, that would be a factor a prosecutor would weigh when deciding whether to pursue charges as well as trying to work it out via a plea. Moreover, without more, you would likely have a decent shot at prevailing at trial. However, each jury and case is unique.
    Answer Applies to: Kansas
    Replied: 12/8/2011
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Any case where there is no physical evidence makes the job of the prosecution much more difficult, but not impossible. The entire case hinges on the perceived credibility of the complaining witness and that is something the D.A will be evaluating both in determining whether there is sufficient evidence to file a case and also what kind of dispositional offer to make, in the event a case is filed. Gender and sexual orientation matter because potential jurors certainly have inherent biases that are sometimes difficult to discover during jury selection. These biases could affect how jurors view the evidence. Plea bargaining in these cases is not only possible, but ordinary. How far the plea offer will go in avoiding Felony status, jail or prison time, or even registration depends upon all the same factors previously discussed. While you do not necessarily need a lawyer prior to actual charges being filed, it is probably not a good idea to discuss this case with anyone, especially law enforcement, without consulting an attorney. Also, beware of a law enforcement technique called a "pretextual phone call" where the alleged victim might call you in an effort to get you to inadvertently make admissions all while law enforcement is listening and possibly recording. These allegations are serious and they should be treated with great care from this point forward.
    Answer Applies to: Colorado
    Replied: 12/8/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Physical evidence is certainly a major part of any criminal case, but it does not necessarily mean the case will not succeed. I have no way of answering your question without seeing the charging documents and the state's evidence against you. You also don't mention the age of you or the alleged victim. This may be very important. Without more info on your case, I simply cannot answer you. However, you do need to consult with an attorney. Statutory rape is very serious. A conviction carries with it the potential for major prison time and the requirement that you register as a sex offender. Talk with an attorney ion your area who can more effectively review your case and advise you accordingly.
    Answer Applies to: Washington
    Replied: 12/8/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You are assuming a lot of things. First of all, how do you know there isn't any physical evidence? And yes, of course gender matters, and the male is usually less favored. You can do yourself a favor by not talking to anyone about this, because you may end up incriminating yourself even when you think you are helping the situation. You should speak to a lawyer and only a lawyer.
    Answer Applies to: California
    Replied: 12/8/2011
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