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

Asked 7 months ago - 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)

  1. Victor Murray Hwang

    Contributor Level 14

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.

  2. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  3. Vijay Dinakar

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Kaman has stated this right to the point!

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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

Get free answers from experienced attorneys.

 

Ask now

23,527 answers this week

2,988 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

23,527 answers this week

2,988 attorneys answering