With what evidence can a person be convicted of rape of an adult and a minor?

Question

My friend had a warrant out for his arrest, but we dont know on what grounds. He states he is being framed, and we just dont understand how how they could arrest him if there is no evidence!! he is out on bail now but has trial soon...

Answer 1

If the DA and others are corrupt, yes, there doesn't have to be DNA. They go by word of mouth. I know because my Brother is going through the exact same thing. There is NO evidence and anything that is being said, he is able to disprove all of it. The DA is corrupt, one sided and my Brother's attorney has noted as such. Actually, BOTH attorneys say he's being railroaded. Also, I KNOW my Brother wouldn't do this. Unfortunately, he is not out on bail. The DA has done everything he can to keep him in there.

Anyway, sorry, it's a sensitive subject with me. Not all men that are accused of this are guilty. There are guilty ones, but I'm seeing more and more men thrown in jail because of an evil woman or another person has coerced a child to say certain things. It's easy for someone in yahoo answers to say he or others are guilty.

Just word of mouth can get a man in HUGE trouble and it could ruin their life. It's really sad that this could happen in today's world. I will wish him luck!!!! Tell him to hang in there and do NOT take the DAs plea. IT IS AN ADMISSION TO GUILT AND THAT IS WHAT THEY WANT!! If he is truly innocent, don't plea and don't let the DA scare him into anything. They are ticked off at my Brother because he is not making any plea and he never will. Men and women should never take a plea if they are innocent. Charges like these will scar them for life whether they are convicted or take the DA's plea bargain (even if they are innocent).

God bless!

Answer 2

All that is required is the testimony of one witness (the victim's testimony alone is sufficient) if deemed credible, believable, and truthful by the trier of fact, that is enough to convict beyond a reasonable doubt. The age of the witness is irrelevant so long as the witness is found competent to testify by the court.

And as for all of these people who are yelling DNA, fingerprints etc.-you all have been watching way to much CSI. Research shows that in confirmed sexual assault cases (confirmed by confession, plea, or conviction) only 3 to 4% had physical or medical findings.

Answer 3

Sometimes the prosecuting attorney will have a warrant issued for probable cause. This means there is some evidence or someone has reported the act to the police, but it is not 100% for sure. They simply issue the warrant in order to have the subject apprehended for questioning. And if the probable cause is justified then they set a courtdate, an arraignment in which the defend will plead guilty or innocent. If he pleads innocent to the charge, then he will be set a trial date. He will then have the opportunity to prove his case either pro se (by himself) or with the aid of a lawyer. If he choses to go "pro se" he has the same rights as a lawyer and I would suggest that he study up on law just a bit. If there are any witnesses, he will need to have them testify for him. He will crossexamine just like a regular lawyer and will have to abide by the rules just like one. Ofcourse, if he hires a lawyer....then the lawyer will handle all of that. Hope this helps.

Answer 4

no matter if he can get in worry relies upon on the guidelines and age of consent on your jurisdiction. If the age of consent is above 14, the medical institution might want to correctly be required to document it to the police once you provide delivery. EDIT in accordance with Arizona regulation, no human being lower than the age of 15 is able to consenting to sexual sex, and each person who has sex with someone lower than the age of 15 is responsible of a classification 2 legal. It also seems as if purely one provision of the close-in-age defenses might want to save on with: it really is a protection to a prosecution pursuant to sections 13-1405 and 13-3560 if the sufferer is fifteen, 16 or seventeen years of age, the defendant is lower than nineteen years of age or attending severe college and isn't any better than twenty-4 months older than the sufferer and the habit is consensual. So, your boyfriend will be dealing with rates for a classification 2 legal. the youngster you're wearing is information that you had sex (to that you legally won't be able to consent), and a DNA attempt is all which will be needed to educate that he became the guy who had sex with you (in violation of the regulation).

Answer 5

Most of the time an arrest won't happen unless there is evidence that will stand up in court. DNA, prints, skin, hair...if the alleged victim had a rape kit run and the authorities matched the DNA then he might just be screwed.

Answer 6

Thats what a preliminary hearing is for.....for the prosecution to present evidence that justified his arrest and his chance to plead not guilty or guilty.
Bail will be set depending on the evidence and the danger he may pose to the public and himself.
\So until then...it's suppossed to innocent until proven guilty...but we all know thats not true.

Answer 7

DNA if she went to the hospital after being raped. Uhm nobody gets accused of rape that easy, not with so many mistakes in the past before DNA.
Don't buy the " I am being framed crap" if he told you that, he will use you emotionally.

Answer 8

The conviction rests entirely with the jury.

The police must have had some kind of evidence to get a warrant. Judges don't issue them on a whim.

Please stay safe.

Answer 9

DNA. A foot print. A finger print. A bite mark.... There is a lot of evidence that can be used.

Answer 10

The first thing the police would look for is DNA of sperm.