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Can someone be arrested for rape with no physical evidence and just by word of mouth?

Fort Myers, FL |

I reported rape months after the incident. All evidence from the incident is gone. Can his guilt be proven by a lie detector test or is there no hope?

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Attorney answers 5


Many sexual battery cases are reported late. Further, many of these cases also lack physical evidence. The police would need to conduct an investigation and present their findings to the state attorneys office for a case filing decision. If the state concludes there is a reasonable likelihood of conviction, they will file charges.

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Many times the police will charge someone based upon the allegations and without little evidence. These cases however are difficult to prove and an experienced defense lawyer will tear a case with little evidence apart.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.


A lie detector test result will never be presented to a jury. Ever. Thee are cases prosecuted based on one witness, but sex assault cases without physical evidence are very difficult to prove for prosecutors. If this has been reported, talk to the police about their thought processes.

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


Sexual battery cases may be brought forward months after the fact, and no physical evidence is absolutely needed. However, having said that, it is very uncomman,and as my colleague stated, would be attacked strongly by most experienced criminal defense attorneys. Henceforth, they are not commanly prosecuted by the state for the obvious reasons. Polygraph exams are generally inadmissabe in court, unless in very cases, both the state and the defense had stipulated to its admition.


Yes. There is no confidentiality online. Volunteering to answer this question does not create an attorney-client relationship. The accused is presumed innocent until proven guilty beyond a reasonable doubt. The likelihood of a positive outcome- exoneration or a mitigated sentence- is increased with the help of an experienced criminal litigator. Seek out an experienced criminal litigator for a free consultation. If you cannot find one on Avvo, search at the National Association of Criminal Defense Lawyers ( Speak to several attorneys and hire the one that makes you feel confident and comfortable. NACDL local members:

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