Can you get charged with rape with no conclusive evidence and just by word of mouth?

Asked over 5 years ago - Cleveland, OH

My brother in law is being charged with rape and there is no conclusive evidence. The girl did not go to the police til 2 days after and in her police report all she said is "someone" raped her because she was intoxicated and passed out. My brother in law got a text message from another male at the house at that time saying "i'm sorry but i'm not going to jail over this" and his court appointed lawyer said that was not sufficient eveidence to prove his innocence. His lawyer forced him into taking a plea of 3-5 years in prision saying there was no chance to win in trial. Was he mis-represented and is there anything he could do before sentencing?

Attorney answers (1)

  1. Philip Alan Eichorn

    Contributor Level 19

    Answered . Depending on when he entered his plea and whether or not he's been sentenced, he might be able to withdraw his plea pursuant to Crim. R. 32.1. As he's represented by counsel, you should direct you inquiries accordingly. If you are seeking to hire counsel for him, you should quickly obtain the services of a private criminal defense attorney. Time is of the essence when withdrawing a plea.

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