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Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4501
Experience:  Almost 12 years of legal experience
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My brother was charged with LEWD OR LASCIVIOUS BATTERY and

Customer Question

My brother was charged with LEWD OR LASCIVIOUS BATTERY and the victim was fifth-teen at the time and he was 26 the victim stated you lied about her age and he was unaware. She is refusing to go to court and take the stand and she will be 18 in November. If she doesn't go to court can he still be found guilty only off her statement and can her mother stand in as a witness for her. The only evidence they have is the victims statement and nothing else. (He also was charged IMPREGNATING A CHILD UNDER 16 YOA) but the DNA test came back as chances of him being the father 1 out of 850,000 Caucasians, 1 in 970, 000 African American or 1 in 900,000 southeaster Hispanics.
Submitted: 7 years ago.
Category: Legal
Expert:  Hammer O'Justice replied 7 years ago.

The fact that she is refusing to testify is of little consequence. The court can order that she appear in court and testify. If she refuses, the judge can put her in jail. And a refusal to testify means that her statement can be admitted in court against him. Her mother cannot stand in as a witness against her, but she can testify as to things that may corroborate her earlier statement. So yes, it is possible that even without her, the State can still convict him.