Legal Question in Criminal Law in Pennsylvania

if there is no DNA evidence and no rape-kit in a pennsylvania rape case, and the 'victim's' story and police report doesn't add up. and the defendant and victim were both highly intoxicated (underage)and there are witnesses to say the victim was fondling the defendant all night. why is the defendant held on a couple hundred thousand dollar straight bail? if nothing adds up? annd can you use the victims past promescuity in your defense?


Asked on 1/25/11, 9:53 am

1 Answer from Attorneys
Justin Gearty Law Office of Justin C Gearty Jr

The charges are looked at when determining bail. The strength of the prosecutions case is not really considered there. However, a bail reduction petition can be filed.

Generally, a victims past sexual history is not admissible in court.

As you are aware, these are very serious charges. If he doesn't have an attorney, he should get one right away. If he can't afford one, he should contact the public defenders office.

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Answered on 1/27/11, 1:59 pm


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