Hat are the odds of getting someone convicted on a sexual assault or "date sexual assault charge from 6 month sago?if i just fil

Asked 12 months ago - Miami, FL

hat are the odds of getting someone convicted on a sexual assault or "date sexual assault charge from 6 month sago?if i just filed my PO report a week ago
Miami, FL

Attorney answers (5)

  1. Melissa Moore Stockham

    Contributor Level 14

    5

    Lawyers agree

    Answered . Time is usually of the essence in matters of this concern. If that amount of time has passed, unless there is a good reason why such time has elapsed, the State may decide not to go forward with it. Such cases do get prosecuted occasionally, and yes a victim's word can be enough for a jury to convict, but many such cases are seen by prosecutors and juries as "she said, he said".

    Please note that the answers provided herein are the attorney's professional opinions based upon the attorney's... more
  2. Michael Adam Haber

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Its always best when the crime is fresh, both because recollections / testimony is generally more reliable and as the closer in time the more evidence is generally available for collection and preservation.

    However, just because time has passed does not mean that a crime was not committed. There area variety of reasons as to why it was not reported more proximately.

    Be prepared to have to answer some tough questions (by both the State and a defense lawyer) but so long as you are completely honest and sincere and you will be okay.

    No attorney-client relationship exists by virtue of any Q&A on Avvo. Anything that you post on Avvo (or similar... more
  3. Jesus Novo III

    Contributor Level 14

    3

    Lawyers agree

    Answered . Credibility will be an issue. Additionally, there will be no physical evidence, i.e. DNA, sperm samples, etc. so it will be a toss up and prosecutors hate cases where they could lose at trial.

  4. Jennifer Ann Synnamon

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I'm very sorry that you were victimized. There really is no magical formula to calculate the "odds" of a conviction. When I was a prosecutor, I successfully prosecuted cases with testimony alone. I have also had cases where there was some physical evidence, but the jury still came back "not guilty." There is no such thing as a guaranteed verdict, and as you have seen in various cases on t.v., juries are very unpredictable. Best wishes to you!

  5. Eric Matthew Matheny

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The passage of time obviously weakens a case. If you were the victim, it would have been more prudent to have contacted police right away. As a defense attorney, a delayed report tells me that something may have happened between the date of incident and the time the report was filed that caused you to want to press charges against this person. Maybe the person insulted you or upset you and you decided, "well now I'm going to tell the police that you sexually assaulted me." A reasonable person would conclude that if someone were the victim of a sex crime, they would contact police immediately.

    It sounds insensitive and that's not my intent, but I do have to prepare you for what defense attorneys do in cases like this. Prosecutors and detectives also must consider this delay as they make their decision whether to arrest and prosecute.

    That being said, if there is physical evidence that was collected, that only proves that a sexual encounter took place. Consent is a defense to a sex crime if the alleged victim is over 18. I would need some more details which you can tell me in private in order to give you a better idea as to whether the delay in reporting could hurt your case.

    eric@ericmathenylaw.com

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,265 answers this week

2,871 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,265 answers this week

2,871 attorneys answering