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.
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!
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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.
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
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