QUESTION
What is the possibility of winning a statutory rape case in which there is no physical evidence?
Asked on Dec 06th, 2011 on Criminal Law - California
More details to this question:
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.
26 ANSWERS
Jacob P. Sartz
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.
Answered on Dec 28th, 2011 at 1:48 PM
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.
Answered on Dec 13th, 2011 at 1:51 PM
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.
Answered on Dec 12th, 2011 at 8:42 PM
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.
Answered on Dec 12th, 2011 at 7:51 PM
Michael J. 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.
Answered on Dec 12th, 2011 at 9:51 AM
4 Awards
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.
Answered on Dec 12th, 2011 at 9:17 AM
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.
Answered on Dec 12th, 2011 at 8:51 AM
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You can qualify for a court appointed attorney. But it sounds like a difficult case for them to prove.
Answered on Dec 12th, 2011 at 8:41 AM
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.
Answered on Dec 09th, 2011 at 10:44 AM
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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.
Answered on Dec 09th, 2011 at 10:24 AM
Daniel Kieth 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.
Answered on Dec 09th, 2011 at 9:39 AM
Criminal Defense Attorney serving Weaverville, CA
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James H. Dippery, Jr.
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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.
Answered on Dec 09th, 2011 at 9:39 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It will be tough to prove if the charge is so old with no physical evidence.
Answered on Dec 09th, 2011 at 9:14 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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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.
Answered on Dec 09th, 2011 at 8:46 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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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.
Answered on Dec 09th, 2011 at 8:22 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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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.
Answered on Dec 08th, 2011 at 10:35 PM
James 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.
Answered on Dec 08th, 2011 at 10:33 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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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.
Answered on Dec 08th, 2011 at 9:56 PM
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.
Answered on Dec 08th, 2011 at 9:38 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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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.
Answered on Dec 08th, 2011 at 9:37 PM
Estate Planning Attorney serving Clinton Township, MI
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Charles Regan Shaw, PLC
You should not consider a plea of any sort if you were falsely accused and there is no evidence a crime was committed.
Answered on Dec 08th, 2011 at 9:32 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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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.
Answered on Dec 08th, 2011 at 9:00 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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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.
Answered on Dec 08th, 2011 at 9:00 PM
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.
Answered on Dec 08th, 2011 at 8:58 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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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.
Answered on Dec 08th, 2011 at 6:45 PM
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.
Answered on Dec 08th, 2011 at 6:44 PM