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My friend's husband raped me. What is the chance of convicting him if the DNA results from the Kit come out negative?

Lancaster, CA |

I was passed out in their home after a Christmas party (drugging is an extreme possibility but no evidence was found). I am married with a family and hadn't met this man before that night.

Attorney Answers 4

Posted

There's no way of putting a percentage on this without knowing the complete picture. There may be many reasons why DNA may or may not be found (he may have been wearing a condom) and even if DNA is found, there is still the defense claim of consent. As a former sexual assault prosecutor, I can tell you that each case is different and each turns on the relative credibility of the parties involved. Trial work is a art, not a science and there's no way to assign a percentage to the chances of conviction.

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Asker

Posted

Thank you. I understand a percentage wasn't a likely answer. Perhaps I am just looking for hope beyond DNA evidence that a conviction is possible, this fight is worth it.

Victor Murray Hwang

Victor Murray Hwang

Posted

I had several cases where DNA came back negative or inconclusive. In my opinion, if the victim is credible and cooperative, it was always worth the fight.

Posted

There's way too little information here to provide a meaningful answer to your "what is the chance..." question. I assume you sought immediate law enforcement and medical assistance. If this is correct, simply rely on law enforcement to pursue the matter. The case resolution will depend on the availability of admissible evidence of the allegation. Were there third party witnesses; did defendant make a statement to law enforcement; what is the content and reliability of your statement; ect? It's unclear why you believe you were raped if you were unconscious during the whole episode but surely this will be an issue that arises if a case against the defendant is brought by the DA.

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Asker

Posted

I wasn't unconscious during the entire episode. I know I was raped and there was evidence found at the hospital. The defendant did not make a statement and immediately retained counsel. There were third-party witnesses as to my state before they left the party, but no one to witness the event.

Vijay Dinakar

Vijay Dinakar

Posted

There's still no way to speculate about the probability of conviction in this case. I would only add that if a DNA test demonstrates that defendant's semen is present, this obviously doesn't prove non-consensual rape, only that sexual conduct occurred. Defendant can argue that conduct was consensual. Regardless having defendant's DNA will make his case more difficult especially if he made a statement to law enforcement where he claimed he did not have sex with you (consensual or otherwise). Best of luck.

Posted

If the rape kit is negative and you don't have any memory of the event that doesn't give the DA much to work with.

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Asker

Posted

I do have some memory of the event and was unable to fight him off. He was arrested within 24 hrs based on my statement and that they tried to contact me to meet to over "the misunderstanding" that the police recommended we get together (this was proven false).

Posted

Mr. Kaman has stated this right to the point!

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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