Legal Question in Criminal Law in Massachusetts
rape/sexual misconduct on a minor
if a minor claims che/he was raped or
fondled at 13/14 yrs old and is now 17
how must they prove to the courts it
really happened if there was no
evidence, testimonies. complaints filed,
etc.
2 Answers from Attorneys
Re: rape/sexual misconduct on a minor
In a criminal matter, if the case goes to trial, matters must be proved to a jury or a judge beyond a reasonable doubt. This may involve different types of evidence, like victim or witness testimony, medical records, etc. It is the prosecutor's office that decides whether to pursue a case criminally and it is the defendant who decides whether s/he wants the case to go to trial or whether to resolve it by plea. Feel free to contact my office if you seek additional information.
6175569990
: rape/sexual misconduct on a minor
Any claim is treated very seriously by the police. What you have not said is if this matter is not in court, and if it is in district court or superior court.
Evidence includes what a person says happened. Evidence can require corroboration or other aspects which are too much for this note to answer.
If the person has been charged, I would hope that a competent attorney is representing him or her.
If you have questions, or need assistance contact me.