Legal Question in Criminal Law in California
Allegations
If one is accussed of a sexual act against a child, but there is no proof only the testimony of the Alleged Victim, can the person accused still be convicted? After going to a pre preliminary exam, before the prelim, the A.V. was caught in so many inconsistencies! This is the situation in a nutshell? She says it happened, but I have character witnesses who can validate that it could not have happened when she said it did. Where do you think I stand at this juncture?
3 Answers from Attorneys
Re: Allegations
It sounds like you are in the middle of the criminal proceedings. I assume you are represented by counsel. Since your attorney has likely seen all the evidence and heard the testimony he/she is really the best person to ask where you stand. If you are not represented by an attorney you really should be with these types of charges.
Good luck,
Re: Allegations
The victim's testimony can be enough by itself. The question isn't whether she is being perfectly consistent; it's whether the jury (or judge) is convinced beyond a reasonable doubt that you did what you're accused of doing. Juries that hear inconsistencies can still believe most of what the witness says.
Using "character witnesses" can be very risky, since the prosecutor will then be allowed to call witnesses who will testify unfavorably about your character. It sounds like you may really mean alibi witnesses. The judge / jury will not have to believe what these witnesses say, so their testimony does not assure you of an acquittal.
I hope you have a lawyer defending you; if you've gotten to this point in the case without one you may be in much worse trouble than you realize.
Re: Allegations
Of course you can be convicted on the child's word. You'd better have a good attorney, because the DA wouldn't have brought the case unless they planned on putting you in prison.
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