It was sex with underage girl. But rape kit was performed and it said she wasn't raped.
If you were convicted of rape then you were convicted. When it happened or how you were convicted (plea, after trial etc) may be somewhat important but not much. Rape kits do not determine if someone was raped, only if there is evidence of sex. No sperm it would be negative but that is not the basis of rape.
So, in short, you need to talk to a lawyer about a motion to set aside whatever happened but may not necessarily be in a good position to be granted a new trial or an acquittal.
It really depends on the circumstances and age of the case. Sit down and speak with a qualified criminal defense attorney who handles habeas corpus, post-convictions and appeals.
No attorney-client relationship exists ,this response should not be considered as advice and should not be relied upon. Make a confidential appointment to speak with counsel in person or by telephone.
Rape kits do not speak to whether someone was raped or not. They can only provide information on whether there is DNA present and who might be included or excluded. That said, you can file an appeal to overturn your conviction. Your lawyer can argue sufficiency of the evidence. It will be up to the courts to determine whether the facts support a conviction.
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