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What evidence is needed to convict someone of rape?

Oxon Hill, MD |

Long story short, my brother is being charged with rape of an ex girlfriend. She went to the commissioner's office with a bogus story and an arrest warrant was placed. He does have a criminal past, and so does she. In fact, we have proof of her being violent with him. His lawyer and I have seen his discovery; no physical or internal injuries (although she "fought for her life") no witnesses, and the DNA evaluation has not been completed yet. I'm just curoius to know if it's that easy to place a rape charge on somoene without evidence, and what evidence is needed to determine that?

Any answers besides advising us to consult an attorney would be much appreciated. Thanks

Attorney Answers 3

  1. The testimony of an alleged victim that she was raped is enough for a rape charge. If the DNA evidence comes back matching your brother, that is evidence they had sex. Then the only question is consent. If there is no DNA, the question is whether the DA will proceed based only on testimony and if so, will the jury believe it. If DNA matches someone other than him, then it seems clear that she had sex with someone else but blamed brother.

    This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

  2. The testimony of 1 eye witness to a criminal offense, if believed, is enough to charge, and even to convict someone of a crime in Maryland. There are exceptions to this general rule when the sole eye witness is a co-defendant, but that does not seem to apply here. Your question indicates that your brother has a lawyer. I think you should discuss your questions with him.

    The fact that they had an ongoing relationship can help to explain why certain allegations were made. The lack of physical, and internal injuries is, or course, helpful. At the end of the day, the State is obligated to prove the case beyond a reasonable doubt, and all pieces of relevant direct, and circumstantial evidence will have an impact on the case.

    Best of luck to you, and your brother.

    Every legal situation is different, and this answer should not be construed to apply to all cases. Contacting a lawyer about your particular situation is always best. A decision to rely on this answer in making decisions about a case establishes no attorney - client relationship.

  3. There is no magic formula for evidence. Jurors are instructed that they may believe all, some, or none of whatever evidence is presented. There is no way to predict what will convince a particular group of twelve people beyond a reasonable doubt or leave them with doubt. Fortunately, no one must prove his own innocence. The burden of proof is on the state. The possible verdicts are guilty and not guilty, because the evidence either meets the standard or it does not.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.

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