Can Someone Be Charged Wih Rape if No One Testifies

My question involves criminal law for the state of: Florida

I am 14 and my boyfriend of 2 years is 18. My mother knows about it and is okay with it. If the law were to try to get him for rape but they for one, coudn't prove we have been sexually active, and for two no one testified, could they get him for rape?

Honey, they can prove if you have been sexually active. All it takes is a Gynecological Exam on you to prove you are not a virgin.

Forget the "I broke my hymen riding a bicycle" think.....that won't work.

No, but if he tells one of his friends that he had sex with you and that friend tells a friend and so on then yes, they could lock him up for statutory rape, even if you mother, grandmother and great grandmother knew about it.

Better still, Mommadear could end up in jail HERSELF.

Jes' sayin'.

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Quoting Faithdanyell14

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My question involves criminal law for the state of: Florida

I am 14 and my boyfriend of 2 years is 18. My mother knows about it and is okay with it. If the law were to try to get him for rape but they for one, coudn't prove we have been sexually active, and for two no one testified, could they get him for rape?

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You would be surprised at the number of people that are mandatory reporters of such things.

That means that they MUST, by law, call the police when they realize that a child is being raped.

Teachers, your doctor and, oh yeah, your MOTHER.

Me and him have never had sex therefore him nor my mother can go to jail.

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Quoting PandorasBox

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Honey, they can prove if you have been sexually active. All it takes is a Gynecological Exam on you to prove you are not a virgin.

Forget the "I broke my hymen riding a bicycle" think.....that won't work.

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And they can not prove that ME AND HIM have been sexually active by me not being a virgin. That i KNOW.

Well, you obviously know everything.

So have fun there, kiddo.

I dont know evrything but im not gonna take advice from rude, judgemental people.

Or anyone else, apparently.

Perception is everything in law. Florida is one of the strictest states in the US when it comes to children, and by law you are a child, having sex. Contrary to what you may think, when push comes to shove it won't be a case of the state proving that you are having sex; it will be a case of you proving that you're not.

Ask your math teacher how you can prove a negative.

I have already told u people i have not had sex with him!!!!

So...um...why are you here?

Remind us?

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Quoting Faithdanyell14

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My question involves criminal law for the state of: Florida

I am 14 and my boyfriend of 2 years is 18. My mother knows about it and is okay with it. If the law were to try to get him for rape but they for one, coudn't prove we have been sexually active, and for two no one testified, could they get him for rape?

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"Eyewitness" testimony, and that means ALL senses, no just sight, but sound, etc. is DIRECT evidence.

All other evidence is generally called "Circumstantial" or Indirect.

Many case are built on Circumstantial evidence. DNA is circumstantial.

I see you are 14. I mean this sincerely, and not as a snow job. I care about todays youth, as they are the building blocks of tomorrow's youth.

Don't tread down the wrong path my friend.

Read Robert Frost's, The Road Not Taken.

Take the right road, be strong.

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Quoting PandorasBox

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Honey, they can prove if you have been sexually active. All it takes is a Gynecological Exam on you to prove you are not a virgin.

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This is incorrect.

Many women are born without a hymen. Still others bust theirs up with tampons, horseback riding, gymnastics, cheerleading, track practice, soccer...the list is long. Even slight internal abrasions are not evidence that one is sexually active.

There isn't any way to determine if a woman is sexually active, short of testing for the presence of semen, condom residue (spermicide or lube commonly used on condoms) or hair. If she hasn't had sex in a while...well.

No ethical doctor would perform a "virginity test", because there isn't one.

All that said: Faithdanyell, the age difference between you and your boyfriend is legally problematic, whether you've had sex or not. It only takes one busybody to CLAIM that you're sexually active, and then the whole shebang will go right to hell.

Investigations by the police and CPS, your friends being questioned about your relationship with him, your parents being put under the microscope...and charges filed against your boyfriend.

There's nothing good there. Even if investigations eventually conclude that there's nothing untoward happening, all of your lives have been thrown into turmoil anyway, and your boyfriend gets the stigma of an arrest record.

I know you don't want to hear this, but you really ought not be seeing this young man until you're of legal age. If you really care about him, it's time to put the relationship on hold. If it's meant to be, he'll still be available when you reach the age of 18.

I understand that you have told us you did not have sex with him.

What I am telling you is that no one has to prove you did. You have to prove you didn't. And proving that you didn't do something is very, very difficult.

If someone THINKS you have had sex with him, even if they are wrong, and they report it to the authorities, he is in for - let's just say a very bad time.

Yes, he can be charged with rape if no one testifies. Let's just put it that way.

I have written some harsh words to adults here having sex with minors.

But some of the posters here sound like the Iranian Revolutionary Guards.

The burden of proof is on the state.

Proof of sexual activity or lack of virginity does not establish guilt of the accused.

Prosecution is virtually impossible if the victim does not testify unless there is dna, eye witness evidence or a confession.

I should add though that even if someone does not want to testify, they can still be forced to appear and be put on the stand. Once the person is declared a hostile witness the prosecutor if good can tear that witness a new one. Of course it looks pretty bad to a jury if the prosecutor is attacking his own witness.

The police and the prosecutor will do everything in their power to prove him guilty. That is their thing, they get paid to put people in jail, and they love doing it. Innocence or guilt is not their concern. He will have to prove he is innocent, which means an expensive lawyer. If he defends himself, or gets a cheap lawyer, just increases his chance of going to jail. So even if no one testifies, If he goes to court, he very likely could be found guilty. The judge can pretty much decide a lot of things. Even if he gets out of going to jail, he's going to have to pay a lot of money and go through hell. And there is no statute of limitations. You are going to send him to jail unless you stop. Sooner or later one of your family members or friends (or even you) are going to get pissed at him about something else then turn him in for this.

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Quoting cbg

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What I am telling you is that no one has to prove you did. You have to prove you didn't. And proving that you didn't do something is very, very difficult.

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The state has the burden of proof in criminal cases.

The question that remains looming, though, is why all the fear that the state is suddenly going to swoop in and press charges for statutory rape if "Nothing has ever happened."

I understand that in terms of prosecution, the state has the burden of proof.

But perception is everything. Proof is not needed for the state to begin an investigation, and "proof" is somewhat of a fluid question in cases of this sort.

The bottom line is, whether he can be CONVICTED or not, he can certainly be CHARGED on the basis that it LOOKS LIKE he's been having illegal sex with a minor. And, as already indicated, it's going to be harder for them to prove that they DIDN't, than for the state to "prove" that they did, even if the state is wrong.