QUESTION
Even if the rape test kit comes back with my DNA, doesn’t mean it’s rape or it is her word against mine?
Asked on Oct 11th, 2012 on Criminal Law - Montana
17 ANSWERS
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.
Answered on Oct 14th, 2012 at 5:54 PM
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.
Answered on Oct 14th, 2012 at 12:53 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If your DNA is found inside the victim, then the issue becomes one of consent, not one of identity.
Answered on Oct 13th, 2012 at 9:21 AM
Michael J. 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.
Answered on Oct 13th, 2012 at 9:21 AM
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.
Answered on Oct 13th, 2012 at 9:20 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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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.
Answered on Oct 13th, 2012 at 9:20 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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'Rape kit' DNA results show you had sex with her. The prosecutor still needs to prove it was not consensual.
Answered on Oct 13th, 2012 at 9:19 AM
Leonard A. Kaanta
It means you had sex with the person.
Answered on Oct 12th, 2012 at 12:08 PM
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.
Answered on Oct 12th, 2012 at 12:08 PM
1 Award
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.
Answered on Oct 12th, 2012 at 12:08 PM
Michael Paul Vollandt
DNA only shows where you have been or should not have been is means nothing more.
Answered on Oct 12th, 2012 at 12:07 PM
4 Awards
It is still possible to raise the defense of consent if the complainant was of age.
Answered on Oct 12th, 2012 at 12:07 PM
Steven D. Dunnings
Unless you had sex with a minor.
Answered on Oct 12th, 2012 at 12:06 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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If you are being accused of rape you need to retain an attorney right away to protect your rights, DO NOT talk to anyone without your attorney present. An accusation of rape where DNA shows sexual contact is a very difficult case to defend, you will need and want an experienced attorney immediately.
Answered on Oct 12th, 2012 at 12:06 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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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.
Answered on Oct 12th, 2012 at 12:05 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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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.
Answered on Oct 12th, 2012 at 12:05 PM