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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24050
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was accused four months ago of assault from a woman whom I

Customer Question

I was accused four months ago of sexual assault from a woman whom I was in a sexual relationship for 3 years I spoke to detectives and two months later had to submit to a DNA test its been two months since then what is the likelihood I am indited the allegation is false and she is saying this because she is or was pregnant and I don't want a relationship she reported two days later
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


To clarify, are you saying that you didn't have sexual relations with her 4 months ago or that you were still having sex with her but that the sex was consensual? If the former, then the DNA evidence should be back by now and it would fail to establish that you had sex with her. In that case, the odds of you being indicted are very low.

If the DNA test shows that you did have sex and/or that the child is yours, on the other hand, then you would be charged with the sexual assault and would generally be indicted. That's because they don't need proof beyond a reasonable doubt to arrest and indict you. That level of proof is for trial only. All the state needs to press charges and indict is probable cause -- a reasonable belief that you may have committed a crime. The word of the complainant plus the DNA evidence would usually be sufficient for a finding of probable cause. Then, if you wish to fight these charges, whether or not the sex was consensual would be a matter of fact for the trier of the facts -- judge or jury -- to decide for itself at the close of all the evidence.

Either way, the fact that two months have passed without an arrest or further notification from the criminal justice system is a very good sign that nothing may come of this report.

Customer: replied 1 year ago.
The accusation was made on the day we found out she was pregnant I have evidence ( text messages ) of her intentions and her stage of mind I did show the detectives I'm not sure if that is why I haven't heard anything what should I do at this point
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

There's nothing much you can do at this point. It would be unwise to talk to the police when you're a suspect. And, of course, you shouldn't talk to her. If she's angry enough to press false charges, she's a loose cannon and you're best off avoiding her.

About the only thing worth doing would be to have some local consultations and find yourself the name of a lawyer. You don't have to retain him/her, since there's nothing that a lawyer can do for you now either. But in the event that the worst case scenario happens and the police want to arrest and charge you, you'll have the phone number of the criminal lawyer you want to use handy, and that lawyer will already know about your situation and can step right in and be quickly up to speed.

I can't tell you what, if anything, will come of this because I know even less about this than you do. But I can tell you that a sexual assault is a serious crime of violence, and the very fact that you're still free to get on with your life and have heard nothing is a very good sign.

If you tell me what US state you allegedly committed this crime in, I can tell you how long it could be before you're completely out of the woods. But with a felony charge, technically, the police can investigate for a long time -- years -- before a case would be too old to be prosecuted . Theoretically, however, since they know the whereabouts of the complainant and of you, there's no real reason for a delay. So the longer this goes on with nothing happening, the better the chance that nothing ever will.

Customer: replied 1 year ago.
The state is Maryland
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

It's not good news, unfortunately. In Maryland a felony sex offense can technically be prosecuted at any time during the life of the alleged offender. By that I mean that it never gets too old to be prosecuted.

Of course, that just has to do with the statute of limitations. The older a case gets, the more stale the evidence gets and the harder it is for the prosecutor to win his case. So, the possibility of an arrest is going to be hanging over your head always. But in reality, if they had the evidence, you'd have been arrested by now. So like I said before, the longer this goes on with nothing happening, the better your chances.