Criminal Law Questions? Ask a Criminal Lawyer.
DearCustomer- It is very difficult to predict how any court case will be decided regardless of the facts. When you as "how can this hold up in court?" it really is determined of the evidence. If the evidence isn't there then it won't hold up.
This is why we have courts to sort out the facts. If the woman has no proof and the burden is on her to prove the case then the logical answer is she has little chance of success. If this is a criminal case it is very difficult to prove beyond a reasonable doubt however in a civil case the standard of proof is by a "preponderance of the evidence" making it easier to establish.
All you can do is defend the case if it is filed. Anyone can file a suit but winning is usually a different story.
David Kennett - JD - Attorney at Law
If you are sued you must defend. You can file a motion to dismiss in a civil case but if its criminal you must plead not guilty. If you can't afford an attorney the court will appoint one in a criminal matter. I know of no way to just make a case go away without using the courts.
Obviously I cannot make a criminal determination without having all the facts. I can speculate all day long on a case but as I said above I just cannot predict an outcome. It sounds like a very weak case from the facts presented.
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