She was cuddling with her boyfriend at his home. He got mad at her and hit her in the ribs. The boyfriend denies doing it. There were no witnesses. She has bruising in that area though.
2007-07-17 14:31:25 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She waited a day or two after the incident to go to the police about it.
2007-07-17 14:42:53 · update #1
that is called "he said - she said" and the local DA will not prosecute...both cases cancel out each other.
good luck
2007-07-17 14:36:40 · answer #1 · answered by Blue October 6 · 5⤊ 1⤋
Who is telling her this? If the police were called, I can see them being reluctant (or unable) to take out charges for a misdemeanor charge they didn't witness. Depending on your state and the facts, the crime should either be domestic assault or simple assault--both misdemeanors. She MUST 1) take the clearest photos she can take of the bruising 2) have a friend (you) look at the bruises in case the pictures don't come out. You could later testify about them. 3) go to the magistrate's office in the city where the assault occurred. Just because the police don't take out charges, doesn't mean she can't. She would likely do this at a magistrate's office. She would have to swear out a warrant for the charge.
This being said, there isn't a lot of factual detail here. There are certain things that could severely harm your friend's case. Suppose she was intoxicated and he was sober, or perhaps they just broke up and she has a reason to make up the charge--both would be reasons the charges may not stick. But if he hit her, and harmed her, and their are no other circumstances that alter that, she should be able to take out a charge.
Hope it helps.
2007-07-17 21:40:52 · answer #2 · answered by Ann D 2 · 0⤊ 1⤋
As my law school professor once said, "The truth isn't what happened; it's what you can prove."
For a criminal conviction, you have to prove that the boyfriend willfully and feloniously hurt your friend. For a tort or quasi-delict, you have to prove that the boyfriend's behavior (negligent or otherwise) caused damage to your friend- physical in this case. In both cases, you have to prove that your friend has (or had) bruises, and that they are a result of her boyfriend's acts.
Since there are no witnesses, it's her word against his. And unfortunately, your friend's testimonial evidence alone is not enough to sustain a finding of liability in either a criminal or tort case.
2007-07-17 21:55:51 · answer #3 · answered by Quino 1 · 1⤊ 0⤋
I hope this guy is a former boyfriend. The prosecutor has to prove guilt beyond a reasonable doubt. Without any witnesses, the boyfriend could make up all kinds of reasons for her bruises. He said vs. she said creates lots of room for reasonable doubt.
2007-07-17 23:07:06 · answer #4 · answered by Carl 7 · 1⤊ 0⤋
I think that sucks.
However, the reason she doesn't have a case, is because in court, he will deny it, and it will just be his word against hers. By the time they appear in front of a judge, the bruises will be gone, and even if she went to police right away, or took pictures of the bruises, she'd have a hard time getting the boyfriend to admitting that he did it, and not someone else.
Domestic abuse is a scary thing, and a real problem in the US.
I wish her the best, and I sincerely hope she's dumped him already.
2007-07-17 21:35:34 · answer #5 · answered by Felix R 3 · 2⤊ 2⤋
She should have called the police when it happened and pressed simple battery charges on him... It would have helped her.
2007-07-17 21:37:47 · answer #6 · answered by AlleycatJo 5 · 2⤊ 0⤋
Just needs to leave him. No reason for that crap. And dont give in to the "Im sorry" "it wont happen again" stuff. It will.
2007-07-17 21:39:27 · answer #7 · answered by Coach 6 · 3⤊ 0⤋
she should pretend like nothing happened too. Get back with him and then cut off his nuts in his sleep and then deny it.
2007-07-17 21:39:09 · answer #8 · answered by Elegance U 1 · 0⤊ 3⤋