Can a person be tried and charged for a sex crime if all there is is a statment and no real evidence?

Asked almost 5 years ago - Austin, TX

the girl gave a statement when she was five saying she was molested when the ploice were first called then stoped talking at the station. now that she is 13 yrs old its being brought back up and a lot of the stuff she said then matches to whats being said now.. all there is is this statment just her word and now evidence anything ever happend

Attorney answers (3)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . Yes, a statement from a witness alone is enough to charge and try someone of a sex crime. The statute of limitations for a sexual assault of a child in the State of Texas committed eight years ago is 10 years after the 18th birthday of the victim, so charges brought at this time could go forward on that basis. The State takes these accusations very seriously and will likely argue that there are good reasons why the accusation is credible. They will say that her credibility is bolstered by giving a statement that is consistent with her previous statement given at age 5. Hundreds if not thousands of Texans have been convicted of this type of crime based only upon statements given by the alleged victim.

    You need to contact a criminal defense attorney who has experience handling sexual assault cases ASAP.

  2. Edward Jerome Blum

    Contributor Level 16

    Answered . I don't practice in TX. Yes.

    Edward J. Blum

  3. Scott Andrew Wineberg

    Contributor Level 14

    Answered . A person can be charged with a crime if there is probable cause. A person's ("victim's) complaint is enough to charge somebody. Whether that will be enough to convict the accused is a different story, but old statements matching the current statements do not bode well for showing that this girl is lying. They don't need physical evidence (semen, torn hymen, etc.) for a conviction.

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