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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101966
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can a person be charged for a crime if there is no dna

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Can a person be charged for a sex crime if there is no dna or video or audio? I'm a corrections. officer and this inmate said she performed oral sex on me. Right now i'm suspended with pay. But 11 inmates out of 64 say they seen me come out of a closet with her. This is not true of course. She is saying it was consensual and i have a unblemished record .This was reported 2 weeks after it supposed to have happened. I just don't understand how i can get charged on this. I repeat no video audio or dna!!!!
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. The answer is one of those "yes and no" type of situations. Allow me to explain.

When a complaint is lodged with the police, the police will normally investigate. They will do so by collecting evidence from any source (including statements from all parties, DNA if available, video, etc), and will then pass the file along to the prosecutor. The prosecutor then makes a decision of whether or not to formally charge the accused with a crime.

So your question is: Can a person be charged for a sex crime if there is no dna or video or audio?

This is somewhat of a misleading question because it does not quite work like this. It would be better to change this into two separate questions of:

What does the prosecutor require to charge someone with a crime?


What happens after that?

So please allow me to address both issues:

What does the prosecutor require to charge someone with a crime?

The prosecutor needs prima facie evidence to charge someone with a crime. People v. Medley, 64 NW 2d 708 - Mich: Supreme Court 1954. The term prima facie means "on the face" and can be translated as "at first glance." This does not require any specific type of evidence (audio, video, DNA, etc), but simply enough to make it seem that "at first glance" the prosecutor may have a case. This can be as little as the claim from the alleged victim. So no - no recording/DNA is necessary for the prosecutor to decide to charge.

This does not mean that they will, but it simply states that the prosecutor does not need certain specific evidence to bring a case.

What happens after that?

IF the prosecutor decides to bring the case, the onus is on them to prove guilt beyond a reasonable doubt. This is much harder than simply the prima facie burden needed to charge. If it is the word of a correction officer against an inmate and their friends who have nothing to lose and may vent their frustrations by filing false claims (a fact that your attorney will likely exploit), the case may very well fail. Or the prosecutor may decide to drop it... if the prosecutor even decides to pursue this to begin with.

I hope this helps and clarifies. Good luck.

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