There is a witness and there is evidence - the 14-year-old and her testimony. She (or her parent or guardian) can file a complaint with the police. Whether the prosecutor chooses to prosecute without anything more than her word is up to him, but it is certainly enough for him to launch an investigation to find more evidence. But even without more evidence a claim can be made and charges filed.Ask a similar question
There are people in prison on less evidence. The 26-year-old needs to be talking to a lawyer now, and not to the police or social workers!
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.Ask a similar question
The best advice has already been given, the 26 yo should not be speaking to anyone other than a prospective attorney. Cases are often filed in he said/she said cases, and convictions are often entered even though there isn't any evidence other than the word of the victim. The State will build their case by inferring anything they think will help their case. Ex. So you two were hanging out in the garage? Why would a 26 yo hang out with a 14 you in the garage? Etc, etc, etc.Ask a similar question
The 26 year old should get an attorney as soon as possible. Never talk to the police ever. It can only hurt you it can never help you. Also never talk to a CPS investigator either about this situation. Retain an attorney immediately. Only evidence the prosecutor needs is a victim saying this happened. The next step is trying to get the 26 year old to confess.
Kennedy Law Office, PLLC
Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal rights. This answer is for educational purposes only.Ask a similar question