My question involves criminal law for the state of: Florida
The person in question has been charged with LEWD AND LASCIVIOUS BATTERY UNDER 16 YRS OF AGE. The charge was initiated by a person with an axe to grind against the person charged.
A report was made weeks after the incident was supposed to have happened.
The victim has said it was consensual sex, the defendant said it did not happen.
There was a person who was said to have witnessed this act but is not available but has made a statement. Can the non-available personís statement, not deposition be used in trial? Can any reference be made to this other person? What are the rights of the defendent regarding this issue?
There is no physical evidence, the statement is full of inaccurate "facts" that have already been proven to be false.
Can the people who are identified in the statement used to arrest this person be called by either side to dispute or confirm the allegations that have been made or their inaccurate statements be called for trial or depositions? If not, why not?
Can any circumstances that were surrounding the "event" be used at trial? Example, the daily activities and how it all started.
Basically he has been told it is he said she said an only the act itself can be brought up.
The questions are important ones for him. If anyone can point me in a direction, statute etc...
There has been another charge attached now to this as a result of this situation but I believe that is another forum. The charges have been put together and he is now facing trial. There are a few years age difference
between the two parties and he is not guilty.
Thank you, I have tried to adhere to the rules and be as vague as possible.
Any information would be very much appreciated
People helping people~~~~~