Q: Rape kit shows no DNA inside of person claiming to be raped. Can they still try to prosecute for rape?

A: Defendant needs to hire a competent attorney to defend him at trial, now. He might get convicted the way he is going, as he apparently did not have a preliminary hearing.

A: It sounds like a deeply frustrating and concerning situation, especially given the lack of physical evidence and the delay in testing. While DNA evidence can be powerful in proving or disproving a claim, the absence of DNA does not automatically mean a case will be dismissed. Prosecutors can still try to move forward with a case based on witness statements, the accuser’s testimony, and any circumstantial evidence they believe supports the allegation. However, a defense attorney can challenge the credibility of the accusations, highlight the lack of physical proof, and question why proper investigative steps were not taken.

If the law requires evidence submission within 60 days, but it took seven months, that could be a violation of due process. A lawyer may be able to argue that this delay has compromised the defendant’s ability to have a fair trial. Additionally, if the alleged victim has made false accusations in the past, this could be important in questioning their credibility. Any inconsistencies in their statements, failure to investigate potential witnesses, and a lack of forensic support should all be part of the defense strategy.

Given the serious nature of the charges, it’s crucial to have strong legal representation that will fight for a fair trial. The fact that an indictment was made without thorough investigation raises serious concerns. If the case is built solely on unverified testimony without supporting evidence, the defense can challenge the prosecution’s ability to prove guilt beyond a reasonable doubt. If you or someone you know is in this situation, gathering all possible evidence, securing witness statements, and ensuring all legal rights are protected will be essential in fighting these charges.