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Can someone be convicted of sexual contact with Minor - no physical evidence.

Sioux Falls, SD |

I have a situation where my 10 year old niece told her school counselor that my fiance of 9 years made her touch him. This " incident " said to have happened when she was four years old. I do not have much contact with my brother and do not really know my nieces but do know that the eldest, who is making the statement, has an need for attention problem. She will yell outrageous this about her father when they go out, just to get someone to pay attention to her. I have talked to my brother about this behavior before, but he just tells me to mind my own business. we have been to court, the judge, after hearing both sides, reduced the bond to low surety and have my fiance stay away from my niece. She has since said something new and we are waiting to see if they will take this to trail.

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Filed under: Evidence
Attorney answers 1


The answer to your question, without commenting on credibility, etc. is "Yes"; a person can be charged and possibly be convicted where there is only testimonial evidence, and no physical evidence. This is logical, because if you think about it what physical evidence would you expect there to be where the only allegations involve touching.