Yes, he can be charged if the prosecutor believes the girl is being honest. The testimony of the girl is evidence. However, without further evidence the outcome will be determined greatly by the credibility of each party. Your husband should hire an attorney immediately. With a strong proactive advocate he may be able to avoid charges.
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By no evidence, you must mean no physical evidence. Many times in CSC cases, there is no physical evidence. In fact, with CSCs based upon the victim's age, there is almost never any physical evidence. The evidence against your husband will be the victim's testimony. The law actually allows for him to be charged and convicted on the girl's testimony alone if the prosecutor finds her credible enough to write the charge and a jury believes her. There are certain "indicators" that prosecutors look for when deciding whether or not to charge CSC under these circumstances. Under the facts that you've described, he's looking at a CSC 3rd based upon age. Since he is so much older than her, he won't qualify for deferral of conviction nor from registering as a sex offender. In additon, if the prosecutor does choose to charge him, given his age, they will be shooting for a prison sentence. He needs to seek the advice of a talented criminal defense attorney as soon as possible. Good luck.
When it comes to Criminal Sexual Conduct (CSC), testimony is all that the law requires. You can imagine that in this alleged circumstance, there would like be no physical evidence.
I assume that charges have not yet been filed, but it is often effective to hire an attorney to try to get out ahead of the charges. A confidential interview with your husband can be completed, details of representation, and the beginnings of inquiry into the motives behind what the 15-year-old is saying can be discussed.
It is Homecoming day at Olivet College today, as you know, but I can meet with you tomorrow in Olivet, if that is helpful, or on Thursday or Friday of next week, if tomorrow is too soon. You can leave a message on (517) 439-1414, which I can pick up from any of our offices.
Do not discuss, please, details of the case itself on this public forum.
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Your husband may be in for the fight of his life. Even with only the testimony of a 15 year old girl, your husband may be charged with a felony. Depending upon the allegation, (whether consentual or forcible rape) he may be facing a maximum of anywhere from 15 years to life in prison.
Criminal sexual conduct allegations have lifelong consequences that should not be taken lightly. You should be proactive in fighting these charges, hiring an attorney to represent your husband pre-charge. What your husband should NOT do is speak to the police or take a police polygraph. Anything he says to the police or a polygrapher can be used against him.
There are a select few attorneys in Michigan who are competent to handle serious criminal sexual conduct charges. There are often complicated issues in these cases, and you will need an attorney who is skilled in presenting this type of case to a jury.
Please feel free to contact me at Miel & Carr, PLC for a no cost, no obligation consultation. 616-425-5556 (24hour)