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What evidence do a prosecutor need to convict on a statutory rape case?

Jenison, MI |

What if the 15 year old girl is merely upset about the breakup and just wants to hurt her 19 year old ex-boyfriend? He says sex didn't happen, she says it did. She says it happened once. He says it never happened at all. there is no dna they broke up because he found out she lied about her age. Can this 19 year old boy be prosecuted? and convicted on he say/she say?

Attorney Answers 1


Theoretically it could happen. I've seen juries do stranger things. It will depend on how precise and detailed she can be about the alleged encounters and how believeable she comes across. It would help if he had an alibi or if he could demonstrate bias on her part. But if there is no physical evidence, to me that's good enough for reasonable doubt or at least you can make a good case for it. But he needs to get a good, experienced criminal defense attorney fast. Best of everything.

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My son was just convicted on that same thing. There was no DNA, fingerprints, witnesses, NO evidences at all! Just her word against his. She lied in the past about being raped and yet still, a jury found him guilty. I do believe his lawyer was horrible. He asked question that he didn't know what the answer would be, he never prepare his witnesses, also he didn't give a motive as to why she would lie. There was so much I feel he did wrong to list. I know I'm not an criminal attorney, but still, there are things I know from reading a lot of law books. So just beware, it could happen in your case.

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