QUESTION
What are the chances of the police in getting evidence if the case was filed 8 months after the incident happened?
Asked on Mar 13th, 2013 on Criminal Law - Rhode Island
More details to this question:
A grown woman waited 8 months to file a rape charge against my son. The delay raises suspicion. What are the chances of the police finding enough evidence of a so-called rape incident for the case to lead to a grand jury?
9 ANSWERS
John J. Carney
You should retain a good criminal lawyer. Go to the Avvo website and choose a "10.0 superb" rated criminal lawyer. If you are indigent the judge will appoint a public defender. If she is believed and he is not believed he will be convicted and get a long prison term. The failure to report it right away plus a reason to seek revenge could be sufficient defense with the right fact pattern. Rape cases are very fact specific and if it does not "add up " as a rape he can win the trial.
Answered on Mar 17th, 2013 at 10:43 PM
Adoptions Attorney serving Lansing, MI
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The delay doesn't raise suspicion as much as it makes it difficult for the police to gather evidence because medical reports and rape kits need to be done as soon as possible. Her word may be enough for an indictment, but it's a different matter entirely to prove the case beyond a reasonable doubt. Make sure he has a good criminal defense attorney on his side, particularly one who handles sex cases.
Answered on Mar 15th, 2013 at 6:05 AM
Michael J. Breczinski
Well all they need if believed beyond a reasonable doubt is her testimony. He credibility will be crucial to the case.
Answered on Mar 14th, 2013 at 6:43 AM
Depending on what happened during the incident, there is a chance that the evidence would be available. A case could be filed on the word of the victim alone. There is a chance that your DNA could be found on some of her clothing. Other evidence could be preserved from the incident that happened eight months before.
Answered on Mar 14th, 2013 at 6:38 AM
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These cases have consequences that last a lifetime, including life time in prison. Treat it seriously the facts you have make the case better, but not a slam dunk for the defense. There needs to be a motive to lie son should contact a lawyer about how to proceed. But most important is that he should know not to talk with police or prosecution or the alleged victim. He should just say I want a lawyer. There is nothing he can tell the police today that he cannot say tomorrow with a lawyer if police are investigating, they are trying to convict . They believe her. They are not trying to find evidence to help your son. Do not trust them. They will twist words to make him look guilty.
Answered on Mar 13th, 2013 at 5:14 PM
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Depending on the prosecutor, a case could theoretically go forward with just the testimony of the alleged victim. As for the chance of finding physical evidence, that is very low. Do not let your son talk to the police without a lawyer present. If he admits to something, even if its just to having consensual sex, he just made the case a whole lot easier to prove for the prosecutor.
Answered on Mar 13th, 2013 at 5:12 PM
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Probably good a lapse of time does not mean a lot for charging purposes.
Answered on Mar 13th, 2013 at 5:12 PM
Is there a rape kit? Did the alleged victim make a statement to the police? In Michigan we do not have grand juries. We have a preliminary examinations for felony cases, which is a mini-trial to determine if there was probable cause to believe that a crime was committed and that the Defendant committed it. The probably cause standard is an easy on for the prosecutor, which means that most of the time the case is bound over to circuit court as a felony. The fact that the alleged victim waited eight months to report the crime could harm her credibility. If your son has not already hired an attorney, he needs to hire an attorney immediately. Conviction of a sex crime can mean years in prison and lifetime reporting to the Sex Offender Registry.
Answered on Mar 13th, 2013 at 5:12 PM
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I have no idea. If they are charging the case, then they must have evidence.
Answered on Mar 13th, 2013 at 5:12 PM