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My friend is being accused of raping two of his nieces by his two sisters. This crime is said to have taken place almost six years ago also while he was incapacitated by an extreme broken leg. There is no biological evidence or witnesses, and one of the niece even states that he has never touched her. She has also been medically examined and has shown to have never been penetrated. Basically all the police are going on, is accusations made by the two mothers, who have reason" to hurt him personally, and are not credible. The police have picked him up and he is in custody. Any general information you could give me would help.
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Randy M. Lish, Attorney at Law
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No, a person cannot be convicted with "no evidence." However, an arrest can be made with less than proof of guilt beyond a reasonable doubt. Without going through the police report, I have no way of knowing what evidence is available, let alone if there is "no evidence." Obviously, the prosecutor believes he has at least some proof. Your friend will need an attorney to represent him, even if it is a public defender.. The process has apparently begun just recently, and he will need help in getting through the whole process without causing himself problems.
Answered on Aug 08th, 2014 at 10:30 AM