You realize of course that the logical thing she's going to say is that her mental health issues are BECAUSE of the statutory rape, right? Be prepared for that to be thrown out there.
Statutory rape isn't a case based on character. Unless the witnesses were WITH the defendant at the supposed moment the crime occurred, their testimoney is irrelevent to the facts of the case. Even the most guilty rapists have tons of friends and family lined up to tell the court what a great person the accused is and that they'd "never do such a thing". The state's case must prove that (a) sex occurred and (b) that the victim was under the statutory limit at the time. And there isn't "our"...unless you too are somehow charged as an accomplice.There are also alot of affiliates who know of her instability and have agreed to testify in our defense.
Understandible! Having this kind of accusation, either against one's self or a loved one can be emotionally traumatic. The part about evidence is really important. Lack of such evidence is why such a large number of these cases never make it all the way to trial...the uncoorborated word of the victim alone honestly isn't enough to garner a conviction (and thus not usually enough for the prosecutor to bring the case that far). With that said, juries tend to like physical evidence, thanks to the CSI effect, but with enough other CIRCUMSTANTIAL evidence, yes, convictions CAN happen.Although this accusation is 100% false, and there couldnt be any evidence against my husband, I am still worried.
The burden of proof that police act on to make an arrest is "probable cause", with is much lower than the burden of "beyond a reasonable doubt" required for a conviction. Arrested on word is pretty easy, conviction is a different matter. Yes, the existing felony record could play a part in the jury's opinion of the accused, but that's why he'll have a defense attorney to point out that, as you note, the felonies weren't for violent or sex crimes.We have spoken to a lawyer, who said the police take the accuser's word as evidence, and people have been convicted on word alone. My worry also stems from my husbands legal history (he does have a felony record, although none of which are violent or sexual crimes).
Could he be charged simply on her word? with no evidence?
It depends on the spin put on the explanation. The defense will try to spin it one way, the prosecution will spin it another. It depends on whose version is more credible.Does it make a difference it has taken her almost 5 years t come forward with this?
Do you have any documentation of action regarding this behavior? Ever sought a restraining order?The accuser is sick in the head, and affliates of ours, have witnessed her sick obsession with him, first hand (even myself ie- She started harassing me when she found out we were dating).

