How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29049
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
26798026
Type Your Criminal Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

What's the likelihood I will be charged with assault I

Customer Question

What's the likelihood I will be charged with sexual assault I had to submit to a DNA test via warrent two months ago by a woman whom I've had a sexual relationship with for 3 years now she is or was pregnant and was upset I told her I didn't want to be
in a relationship I did speak to the detectives without an attorney I have no criminal record I'm an RN so is she but she is much younger and she is married
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The district attorney typically does not bring charges unless they can believe they have the evidence to prove allegations beyond a reasonable doubt. The problem is, they also put a lot of weight on the testimony of a woman who says she was sexually assaulted. If the district attorney believes her allegations, it is unfortunately possible that they'll bring charges. They can also talk to you and anyone else with knowledge of the situation before bringing charges against you. The thing is, it's up to the jury to decide whether someone is guilty or innocent. The DA doesn't make that decision. So they don't have to consider your statements of innocence when deciding what course of action to take. That unfortunately means that if they believe this woman, you could find yourself charged. I don't want to scare you - but I also don't want to give you a false sense of security, because it could happen.

The fact that two months passed between you having sex and her reporting it (and only after she found out she was pregnant) should weigh in your favor, because that's pretty suspicious timing. But her delay doesn't stop them from filing charges, because Maryland doesn't have a statute of limitations for this.

If you are charged, that doesn't mean you're going to jail. You have a constitutional right to have an attorney represent you at no cost if you cannot afford one. Your attorney will review all the evidence and work out the best possible defense - whether that means painting the woman as somehow who lied because she's married and scared that she got caught, or having you testify that the encounter was consensual, or both. If you have any emails, text messages, or other communications from the woman AFTER you had sex with her where she's talking about having a relationship or something like that, it would help your case significantly. A lawyer can subpoena text messages if you don't have them.

Also note that if the DA presses charges against you and you ultimately get them dismissed, you can sue the woman for malicious prosecution. It's a crime to file a false police report against someone, and you may be able to seek damages for intentionally bringing a false claim against you. Damages can include reimbursement for attorney's fees, if you wind up paying a lawyer.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Related Criminal Law Questions