My 14 year old cousin is being charged with raping his 12 year old cousin there is no evidence why is he being charged?

Asked over 1 year ago - Johnstown, PA

My little cousin was recently accused of raping his cousin. The accused is 14. His accuser is 12 years old. His family is not wealthy, nor perfect by any means, but violence is not, and never has been an issue at all. The accused has always been well liked, and acknowledged for the kindness and respect that he shows towards others. He is good student, recently selected for the student ambassador program, to travel abroad. He has no criminal record, and no history of violence. He voluntarily took a polygraph test which concluded NO DECEIT in his statements of innocence. The accuser was raped previously and is in a special school because of behavioral issues, and has a troubled history of misbehaving, and fighting. She did not report the alleged rape for over 1 month. There is no evidence

Attorney answers (6)

  1. Stewart C Crawford Jr.

    Contributor Level 16

    6

    Lawyers agree

    Answered . The best thing (for both children) is to have each seek legal representation, ideally someone who specializes in juvenile crimes.

    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving Pennsylvania & New Jersey

    Philadelphia Area Office
    223 North Monroe Street
    Media, Pennsylvania 19063
    877-992-6311
    www.crawfordlaw.org

    E-Mail: crime@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  2. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with my colleagues. I also believe that when people say "there is no evidence" it is a very subjective opinion. If "there is no evidence," it will not get past a preliminary hearing. Regardless, he needs an attorney.

    This is not intended as individual legal advice and there is no attorney client relationship established by this... more
  3. Robert C. Keller

    Contributor Level 20

    5

    Lawyers agree

    Answered . I hear your stress and anger and suggest that the family come together to hire the best criminal defense attorney for your cousin. The soon the better. Good luck.

  4. Mark Copoulos

    Pro

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . You have little to no control over the District Attorney's decision to prosecute. However, if there is truly no evidence the case should be dismissed at the Preliminary Hearing level. Retain an experienced Criminal Defense attorney, and get ready for trial. Good luck.

  5. Christopher M. Patterson

    Contributor Level 14

    2

    Lawyers agree

    Answered . Your cousin needs representation by an attorney experienced in criminal defense and the juvenile system. If he is petitioned into juvenile court, he will be assigned a public defender if his family cannot afford to hire a private attorney. From the polygraph information contained in your question, it seems as though an attorney may already be involved. Even though polygraphs are inadmissible in court, the results of reputable polygraph examiners are respected by prosecutors and do influence there decisions. I wish you and your cousin the bes of luck.

  6. William Emil Cassara

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I write only to add that her statement is "evidence." So when people say there is "no evidence" they are usually referring to medical evidence or eyewitness testimony, which is not always present in sexual assault allegations. He needs an attorney now.

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