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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27184
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Can a person request a new trial if new evidence is found such

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Can a person request a new trial if new evidence is found such as credibility. Example, a 15 year old claimed that a 40 year old touched her leg near her privates without no one to corroborate her story, in which the defendant strongly denies. After telling her family about the incident, her family reported the incident to the authorities. The courts found him guilty of sexual assualt and imprisoned him. This 15 year old who is now 16 years old, is now pregnant by a 20 year old. The family has not reported the incident to the authorities. Since the child has not reached the age of consent, according to state law, the matter falls under the statutory rape rule. Does this situation bring about the case of child neglect and at the same time bring about credibility concerning the claim she made against the 40 year old who she claimed touched her leg.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

In some cases, a new trial may be granted where there is additional evidence that could not have been available at the time of the trial. However, in a sexual assault case, a person is not allowed to introduce evidence of the victim's sexual history with other individuals. So, unfortunately, the fact that she's now pregnant would not be admissible. It also wouldn't tend to weigh on her credibility - it would be different if she now admitted to lying. But the fact that she slept with an older man doesn't help prove that she lied in the earlier case.

Under Louisiana law, "child neglect" refers to "the refusal or unreasonable failure of a parent or caretaker to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child." Louisiana Children's Code, Section 603. So, it doesn't really apply to this situation.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
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