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If someone is testifying at a trial and states they committed a crime during cross examination can we pursue charges???

Bronx, NY |

At Trial, a witness who took the stand in the defendants trial confessed to rapeing the girl in question while on the stand, but NO charges were ever filed against him he is the true assailant. Can charges be filed against him now?????? By the Defendant who was convicted wrongly????

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Attorney answers 3


The defendant who was wrongly convicted cannot bring criminal charges against someone who has not committed a crime against them. That would be a job for law enforcement officials. You can speak to a civil attorney to see if there is any cause of action against the person in civil court.

I have been a criminal defense attorney in New York for over 20 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


A defendant cannot file criminal charges. The prosecution/DA/police can file charges depending on when it happened but if the defendant was convicted, they are not likely to do so. Hire a good appeals attorney and fight to get the defendant out.


It depends on when the rape occurred and your definition of rape. Was this a criminal trial where the admission took place? If so, I would speak to the ADA trying the case to see what is being done regarding this admission. I think some additional facts such as time of occurrence, nature of rape, nature of admission, etc are needed to provide more insight.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website

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