Rape case closed due to lack of evidence, can it be reopened?

Asked almost 2 years ago - Circleville, OH

my cousin went to court for supposly rape. the judge stated that they can not try him for rape because of insufficant evidence. the dna wasnt back yet so can the case be reopened? the victim admitted that she lied about it all but she is a minor & he is 25.

Attorney answers (2)

  1. Christopher A Swaby

    Contributor Level 13

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    Answered . It isnt clear at what point in the proceedings your cousin's case is currently situated. Judges dont normally make comments about the sufficiency of the evidence unless a person has made a motion to dismiss the charges. It is highly unlikely a case was dismissed where material has been sent to a lab for testing bc it hasnt come back yet unless the delay was extraordinary. In either case, your cousin likely has had an attorney appointed to represent him - your cousin should ask his lawyer these questions.

    Even if the case has been dismissed, unless it was "dismissed with prejudice," it can be re-filed at a later date. Please make sure your cousin has no more contact with the alleged victim.

  2. Peter Stephen Kirner

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Your information here is lacking a lot of FACTS. The judge does not say, "we cannot try you because of insufficient evidence" it just does not work that way. So...the question can only be answered once you present actual facts. IF the case was dismissed, it likely can be refiled. IF it went to trial, and he was found not guilty, well then NO, it cannot be reopened.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more

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