In most states, one person's testimony about a sexual assault is enough if it is believed by a jury (or a judge if it is a bench trial). No DNA evidence s necessary.However, a good attorney will present evidence to show why her testimony is not believable.
Sexual Assault cases are one of the few cases where "credibility" of the complainant has little to do with the conviction rate. False allegation suits are common enough that there are some attorneys who limit their practice to these types of suits.The threat of long sentences in prison if convicted is real.
你总结的123都不对,你两位要是没看到,我再贴一遍,上面律师的回答是最主要的原因的。
不要张口傻叉,闭口白痴,无论百姓网民如何看,支持哪方对判决结果没有影响,最多是争取到同情,捐助。
我看网民和我差不多,法律知识很有限,看看律师们怎么说的吧,别张嘴就来,好像人家法庭判决全都是法盲似乎,结果能随便出来吗?不是网民引几个类似案子,对比一下就能翻案的,别动不动就指责社会黑暗,法律偏向。。。。不是所有律师愿意接手这类案子的,这是有原因的。
http://www.avvo.com/legal-answers/can-you-be-convicted-of-sexual-assault-with--no-cr-1088189.html
Can you be convicted of sexual assault with. No credible evidence?
Killeen, TX | on Jan 23, 2013
My sister in law lied on my husband stating that he touched her. It's been two weeks and he finally got a court appointed attorney. I haven't met him yet. She left back to new Orleans the week after statement and before that she went down to the police statement staing she lied. There's no DNA evidence just her statement. She wrote letters stating she lied and she has videos in YouTube having sex and I found journal entries and fb and twitter messages that's negative on her behalf. She even cried rape a month earlier which the case didn't continue because the detectives knew she was lying. I was wondering how much longer this would take and if the attorney can get them to drop charges with nothing but her police statement. Cps is even on my husbands side. This is really stressful!!!!!!!!!
Attorney answers
John Robert Kormanik
Criminal Defense Attorney
Posted on Jan 23, 2013
As you know, he can be charged. Whether the prosecutor will proceed is a whole other matter. His defense attorney should be made aware of all this information, of course.
No attorney client relationship is created by responding to any question on Avvo. Further, nothing contained in any response may be relied upon as legal advice.
Michael Lawrence Doyle
Criminal Defense Attorney
·Philadelphia, PA
Posted on Jan 23, 2013
I can understand that it is very stressful and no one on here can provide you the answers as to what will happen. "Credible evidence" is a very subjective description. What one person finds credible, another may not.
In most states, one person's testimony about a sexual assault is enough if it is believed by a jury (or a judge if it is a bench trial). No DNA evidence s necessary.However, a good attorney will present evidence to show why her testimony is not believable. I sincerely wish you an your family the best. Please do not post details regarding your husband's case online as it may negatively impact his case.
Bart Charles Craytor
Criminal Defense Attorney
Posted on Jan 24, 2013
Sexual Assault cases are one of the few cases where "credibility" of the complainant has little to do with the conviction rate. False allegation suits are common enough that there are some attorneys who limit their practice to these types of suits.The threat of long sentences in prison if convicted is real. Gather as much evidence from FB, twitter, you tube, etc. as you can. Do not take it to the police or DA's office. Get a copy of it to his attorney. Let his attorney deal with the DA, Even on weak cases, I have seen the state offer things like 10 years deferred adjudication. What they don't tell you is that even on Deferred Adjudication, he would have to register as a sex offender. HIRE an attorney!