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

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

Posted

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.

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Asker

Posted

the "victim" has told the detective she lied. he is still in jail & there is a tpo.

Christopher A Swaby

Christopher A Swaby

Posted

you cousin needs an attorney if he doesnt already have one

Posted

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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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Asker

Posted

that IS the stated facts on the court record!

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