Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
Can you please tell me more about the situation related to your question?
We were staying at a friend's house when visiting in Las Vegas. We met up with my friend, one of her friends, and a guy she is dating. They were all drunk when we met up with them.
The friend of the girl is accusing my boyfriend of coming into her room that night having her touch his penis and then she said that he touched her vaginal area. She said at that .time she woke up and told him to stop and get out and he did. She then went to Utah and had a rape exam done. We were both sleeping in the same room and he never left. The girl was rubbing all over the other guy that night and she invited us both to sleep in her bed. He never touchef her but she is married and accused him of this crime
She is now saying someone put something in her drink so she was drunk and can't remember anything. They were already drunk when we met up with them.I was just wondering that if he and I both gave a statement without a lawyer and he did DNA testing without any evidence will the charges be dropped. She even said she wasn't sure who it was and another man was staying in the house as well.
Thank you for this information.
Was anyone arrested as a result of this report?
Was anyone arrested as a result of this report by the woman who claims she was sexually assaulted?
Can you please let me know if you are online with me?
Yes sorry no no ine was arrested
Who is asking to take statements from you and your boyfriend?
We were both asked to come in for statements because the detective said that there are 2 sides to every story
She asked us for statement and swabbed him for DNA. She also seemed upset that the girl went to Utah for the exam rather than getting it in town and it was delayed by 24 hours after the incident. There was another man staying in the house and my boyfriend was accused but she couldn't exactly identify who it was
Yes from Vegas
Is the detective from Nevada police department?
Let me start by letting you know that this is an extremely serious situation!
Yes I know
Someone can be convicted of sexual assault, simply based on the report and testimony of the witness, without any additional evidence.
We are both very stressed because it is a false accusation and could seriously damage his reputation
At this point your boyfriend is potentially facing a serious sex crime a felony and if he is charged and convicted, not only he can spend years in prison, but also he would have a lifetime requirement to register as a sex offender!
This allegation can ruin your boyfriend's entire life actually.
So, with that said, the last thing that either you or your boyfriend wants to do is to talk to the police on your own!
Well we are not from there and didn't want to appear guilty I tried contacting a lawyer and I couldn't find anyone to help
Police is not your friend and if they want statements from both of you, that means there is an active rape investigation and generally nothing good would come out if both of you cooperate with the police without representation from an experienced local criminal defense attorney and anything that you say or do in your dealing with the police, will only be used against you and your boyfriend.
We were on vacation
Does this make sense so far?
It doesn't matter.
You do not appear guilty by asserting your right to remain silent and your constitutional right not to incriminate yourself.
Did you or your boyfriend give any statement to the police yet?
So even if ni DNA evidence turns up then he could still be taken to trial? I asked the detective and since the girl said she didn't know whi it was they were going to swab the other guy too..
Yes we did because they asked us to come in before we left town
Well that is not good.
In any case, when did you give statement?
How long ago?
On Monday morning and they swabbed him for DNA at that time
Was your boyfriend allowed to leave Vegas and go back to Utah?
We came back to Texas. The girl left Vegas to Utah and had a raoe exam done that is why the detective seemed skeptical of the other girls story.
It doesn't matter what detective has told you or how he/she was acting. Police is not your boyfriend's friend in this situation. Your boyfriend is the suspect in this serious felony sex crime...
Does this make sense?
The other part is that the girl was asking to touch mt breasts all night and asked us to sleep in her bed and of course we declined her offers.
Yes it does
In any case.
So even without evidence he can still be taken to trial?
At this point your boyfriend needs to consult and retain a local experienced Nevada criminal defense attorney who is experienced in sex crimes.
Ok. Thank you.
Your boyfriend can be charged and convicted of sexual assault based on the victims report and testimony alone.
I am sorry to give you this tough news, but I would be doing you a disservice if I did not provide you with the correct information.
So the detective told me that if there was no evidence against him that the charges would be dropped because of no evidence
It doesn't make sense!
Detective will tell you anything to get you and your boyfriend to incriminate yourself.
Also, think about this...
Your boyfriend has not been arrested and charged yet, so how can this detective tell you that "charged would be dropped" when they were not even brought up yet...
Does that make sense?
Because the girl couldn't say exactly what happened or who it was. She told me that its like if someone stole your purse and you just accused someone without evidence then the case couldn't be pursued
Yes thank you for the advice. I will be consulting a lawyer as soon as possible
I have many years of law enforcement and legal experience, as a former law enforcement agent and a lawyer and I can tell you that if the police thought that the victim's story was not credible, that they would have investigated this alleged crime this far...
You can find an experienced local Nevada criminal defense attorney by using this well trusted and reliable attorney information / referral websites:
Do you have any related follow up questions for me?
No that is it and now I am even more worried
I meant to say above "if the police did not think that the victim's story was credible, the investigation would not have gone as far as it did"...
You should not be worried, but concerned and getting your boyfriend in touch with a Nevada criminal defense lawyer asap.
Knowledge is power and now that you have been informed how serious generally such situation is, you and your b/f can start addressing it.
I wish you the best of luck.Please click on the "Excellent Service" feedback, so I can receive credit for my answer.Bonus and positive feedback are always appreciated, but are not required.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).