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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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Can a confession to a rape that didn't happen be thrown out

Customer Question

Can a confession to a rape that didn't happen be thrown out of court
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 10 months ago.

Yes...it can be thrown out of court. That said, there must be evidence presented that the confession was either made under unlawful duress or that the person was not of sound mind or body when the confession was made. That makes things more difficult as that evidence can be hard to produce. In most cases, expert testimony is presented by the defendant that is typically a psychiatrist which states that the person was not of sound mind when the confession was made and therefore the confession is unreliable and should be excluded from evidence on that basis.

Let me know if you have any other questions.

Best wishes going forward and please rate my answer positively (three or more stars) so I can receive credit for my work.

Thanks!

Expert:  Delta-Lawyer replied 10 months ago.

Just checking in to see if you had any other questions or comments. I want you to be as comfortable as possible moving forward. Thanks!