My daughter did not have sex with the man My Ex husband thinks and wants to file for statutory rape against him. What types of evidence are used in these types of cases.
2007-11-26 05:45:02 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
My exhusband is abusive and my 15 yr old daughter has a order of portection against him he is trying to tell the court that she is pregnant and had sex with this man which my daughter did neither nor. But what type of evidence will be prove statutory rape? && he is trying to get a detective to investigate. My daughter will testify that she did not have sex with this man. Will she have to go to the gyn to prove she is a virgin?
2007-11-26 06:02:01 · update #1
DNA EVIDENCE would help. your ex can't file a criminal case, he has to convince the local prosecutor to go after this person
2007-11-26 06:16:28 · answer #1 · answered by qb 4 · 0⤊ 0⤋
There are three types of evidence that could be used:
1) if she or the man admit to having sex.
2) Friends who would be able to testify that they were intimate
3) The daughter winds up being pregnant with his child
If all the ex has are his suspicions, and doesn't have one of the above, the prosecutor won't go forward.
2007-11-26 14:08:15 · answer #2 · answered by Teekno 7 · 0⤊ 0⤋
The burden of proof is on the person making the allegation. If your daughter takes the stand and says she did not have sex with so-and-so your ex-husband really doesn't have a case unless he or someone else videotaped them in the act. Even if he supposedly saw the two of them having sex and he testified in court, it's a he-said-she-said and he already has bias (as her father) against him. So unless he has videotape or reliable testimony from a disinterested third-party witness, the case will be dismissed.
2007-11-26 13:55:24 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Statutory Rape is what's called a "strict liability" offense. He's either guilty or he's not. The evidence will be proof of his age at the time of the incident, proof of the girl's age, and testimony as to whether or not sex occurred. It doesn't matter if the sex was consensual. If he's over the age limit (this varies from State to State), and they had sex, he will be found guilty. That's not a accusation to take lightly. If this is found guilty he will have to register as a sex offender and that can ruin his life. Your ex hubby needs to think about what he is doing and the ramifications of that accusation.
2007-11-26 13:53:22 · answer #4 · answered by kathylouisehall 4 · 2⤊ 0⤋
It's a he said she said situation. Any man found with a minor can be charged. They will do a hearing first to see if the charges are legitimate, if your daughter states that they didn't have sex he may be charged with a lesser offense.
2007-11-26 13:49:46 · answer #5 · answered by mrsdeli 6 · 0⤊ 0⤋
If your daughter says that she didn't have sex with this guy then your husband can't prove a thing.
2007-11-26 13:57:03 · answer #6 · answered by Not To Serious 6 · 0⤊ 0⤋
Generally the charge is brought by the offended party, or there is incontravertable evidence.
2007-11-26 13:49:31 · answer #7 · answered by booman17 7 · 0⤊ 0⤋
Mainly your daughters testimony, and testimony of any other witnesses.
2007-11-26 13:48:44 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your daugher's word.
2007-11-26 14:00:24 · answer #9 · answered by Lou 6 · 0⤊ 0⤋