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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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how can a statutory rape be proven if the alleged "victim"

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how can a statutory rape be proven if the alleged "victim" does not comply and denies any intercourse taking place? can text messages and phonecalls be traced and used as evidence to supplant a conviction? can obstruction of justice be placed on the minor for refusal to comply?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 5 years ago.

Frankly, it would be difficult to prove the case without some concrete evidence, either from the victim or from an individual who witnessed the minor having sex with the defendant or a confession from the defendant. Phone calls and texts alone are likely not enough to meet the burden of beyond a reasonable doubt. They would be corroborative evidence if something else existed, but standing alone, they may not be enough. It might be enough to charge someone, but it would be very difficult for the prosecutor to prove.

If a case is filed and the minor is summonsed to testify in court, the person would have to obey the summons and answer the questions honestly or face contempt of court charges or perjury charges.
Customer: replied 5 years ago.

can telephone calls and text messages be randomly traced in this regards? no criminal proceeding would give reason fro probable cause otherwise obtain a search warrant of "eavesdropping"-can this be meandered regardless of a citizen's rights to privacy? you say the victim can be summoned, but is this likely if she denies any sexual contact upon law enforcement questioning? moreover, is it likely the defendant to be charge if she maintains such denial of sexual contact?

Expert:  Hammer O'Justice replied 5 years ago.
There has to be some kind of probable cause in order to get a warrant to obtain text and phone records. There does not have to be a criminal proceeding, just probable cause that criminal activity is afoot.

The victim can only be summonsed if there is an active criminal case and she is summonsed as a witness. As I said, it is not likely if the prosecutor does not have a case.

If she denies it and there is no other evidence, then it is unlikely he would be charged. But if they find other evidence, it is possible in spite of a denial by the victim.
Customer: replied 5 years ago.
very say if criminal activity is afoot-how can this be detected if they are not already eavesdropping?
Expert:  Hammer O'Justice replied 5 years ago.
It would pretty much have to be proven through other witnesses, or video or photographic evidence, or DNA. If they are monitoring anything now, it is because they had probable cause based on some other evidence to obtain a warrant.
Customer: replied 5 years ago.
definitely no other evidence and she does not want it out. i was paranoid because quite frankly my ex gf is a detective in my hometown and i was worried for this reason because this is how me and the "victim" know each other, through her in a round about family ties sort of way....she does not want it out, i just wanted to make her feel secure that she can maintain "nothing happened" as her answer and do so without fear of obstruction of justice-this is true, is it not? beings that no evidence exists?
Expert:  Hammer O'Justice replied 5 years ago.
Well, it is not advisable to lie to the police, and there's no guarantee that information won't make its way out. I'm not going to make a blanket statement that she will never get in trouble if she lies to police or perjures herself in court because there's no way to be sure that someone hasn't said something to someone or seen something that would trigger an investigation. And if you are encouraging a minor to cover up a crime, then you could have bigger problems later on.
Customer: replied 5 years ago.
bigger than statutory rape? hard to conceive.....but i suppose i see where you're going. ive also noticed my facebook account being logged into from various locations, this is as well what gave cause for my alarm-probably just a general hacker though, i would suppose law enforcement to be more discreet than this...what would her alternative answer be if questioned? there was definitely no eye witness to the intercourse itself, all that could've possibly be witnessed was us being seen in each other's prescence-this, combined with text messaging and conversations is enough for charges though she maintains denial of anything taking place? it was a mistake, there isn't much of an age difference between us, we dont want it to happen again, end of story. she isn't talking about it to friends because she actually has a relationship she wishes to preserve.
Expert:  Hammer O'Justice replied 5 years ago.
This is an information site, not an advice site, and I am not going to tell you how to lie to police investigators. All I can do is provide you with information about the penalties and the legal requirements of an investigation. It is inappropriate to provide any information beyond that.

It is a close call if merely being seen together coupled with statements from texts could be enough for probable cause. It depends on how informative the texts are. But as I said, they could not get those without a warrant to begin with, so there would have to be something to get probable cause for a warrant first.
Customer: replied 5 years ago.
i understand. we were never seen together prior. we contacted via facebook, then exhcanged numbers, then met at a hotel in her town....but yes, the texts were informative and racy...but there again, if never being seen together prior, there would be no reason for probable cause, correct? like i said, there are familial ties, if just by seeing my name in the phone by someone else, be her sister, her mother, would this be enough, if they wanted, to attain probable cause? this is highly unlikely but im just covering all grounds, as all texts were erased afterward by her. so then i picked her up, we may have been seen hugging, n that is all....unless of course at the hotel cameras-but there again, this scenario would not have taken place without probable cause which would not have been attained without criminal activity affot. and since we were never seen togethe prior, this would lend me to believe there is no worries? but i am asking, of course....again, to attest to my paranoia there was a squadcar across the street from the hotel, and so she exited another door where i picked her up at....i know you are not here to judge but this is hard to explain in details. i just want her life and mine to carry on as normal. it was consensual, we both realize we shouldnt of, thats that. i shouldbe know better, i get the moral repercussions, but i am more concerned with the pertinent legal ones.
Expert:  Hammer O'Justice replied 5 years ago.
It doesn't sound as if, based upon your recitation of the evidence, that there is probable cause. That doesn't mean they won't try to investigate and if they turn up something that they may develop probable cause later. But if it is as you say it is, it is unlikely a prosecutor has enough to move forward with a case.
Customer: replied 5 years ago.

sorry, one last question, i believe...this is awkward but i have to ask-"if" i was being monitored by the patrol car i seen across the street, would my dna in the room be linked to her's therein? or is this only admissable if obtained directly from her body?

Expert:  Hammer O'Justice replied 5 years ago.
They can obtain DNA from the room once you check out because you no longer have an expectation of privacy. But they would have to obtain a sample of DNA from you to compare to get a match.
Customer: replied 5 years ago.
i am already a felon from a petty burglary of an $18 theft when i was a teen, my dna is on this goes back to probable cause, of course.... but still the same, is this enough for proof of sexual activity or does it have to be obtained from her body? i do not understand the science of this, is what im getting at. Is her dna mixed with mine in these testings, being present therein the scene? is this enough for proof, if so.
Expert:  Hammer O'Justice replied 5 years ago.
It is unlikely that the presence of your DNA alone will establish probable cause but if it is mixed with hers it might. But they don't have her DNA on file so that is a long shot. I don't know how many times and how many ways I can say that it is unlikely they have enough to sustain charges but I am not going to rule it out completely.
Customer: replied 5 years ago.
yes sir. if i may ask one last question....if there was a case pending, "if"-is there a ballpark area of time whereby i can ease my anxiety? meaning, if they havnt contacted me by this amount of time, they're not going to sort of ballpark. or at least by a certain time, they start to become more unlikely that there will be an investigation? th incident took place on thursday, if you do not mind...and cameras or bugs in the room would again trace back to the probable cause issue so i believe there is nothing to divulge there
Expert:  Hammer O'Justice replied 5 years ago.
There's not really any way to know. Some investigations take a day, some take a lot longer. It depends on the detective, how much information they find, whether they think it is worth pursuing, etc.
Customer: replied 5 years ago.
thank you for your time.
Expert:  Hammer O'Justice replied 5 years ago.
Sure. Please click Accept so I get credit for my answers. Hope you are able to work everything out.
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