QUESTION

If a rape kit shows no rips or tears on a 4 year old, will they still charge me?

Asked on Nov 29th, 2016 on Criminal Law - Michigan
More details to this question:
My niece and I were playing a stupid game with a stress ball that looks like a brain and she called it a butt crack. Hence game call butt crack game. Her dad who is gay and trying everything to get custody of her, overheard her, asked his niece if she wanted to play butt crack game. He called the police and CPS. They did a rape kit on her which came back no rips, no tears. But they said things she said like licking butt crack is strong evidence. No one has asked her about the ball, they say they can't. Police said they can tell dad coached her on what to. I took lie detector and was inconclusive so they are sending it to processing attorney.
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1 ANSWER

Criminal Law Attorney serving Royal Oak, MI at James S. Lawrence
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The decision on whether to charge you is entirely up to the prosecutor of the county where the events allegedly took place. The police investigate and provide reports to the prosecutor, who does the deciding. The fact of no rips or tears is a fact that helps, but does not guarantee victory. It is possible for someone to commit first degree or third degree criminal sexual conduct, even of a 4 year old, without any resulting rips or tears, and without leaving DNA behind. Mere touching of certain areas of the child would be 3rd degree, while any intrusion into her body, "however slight", can make it 1st degree. These are very serious charges, with first degree carrying up to life in prison. In most cases a conviction would require lifetime registration as a sex offender, once you get out of prison. If you are questioned by police it is preferred that you tell them that you will answer no questions without your attorney present. I recommend that you consider hiring an attorney soon. If the police get a search warrant for your home or computer, it would be good if they do not find any sexually related materials. I point out that possessing photos of a nude child, or a child engaged in sexual activity, is a very serious felony, while distributing such photos is even more serious, and photography cases can be charged in either state or federal court. Lie detector tests are known to be unreliable, and they are not admissible at trials in Michigan. They might or might not influence the prosecutor in deciding whether to charge you.
Answered on Jan 23rd, 2017 at 6:36 PM

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