Can a prosecutor convict a person of statutory rape with little to no evidence?

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Can a prosecutor convict a person of statutory rape with little to no evidence?

I live in MI and the legal age of consent is 16. My friend is 19 and when he was17 and a senior in high school he had sex with a girl that he thought was a junior and also 17. She got mad at him because he basically “hit it and quit it”. Since she was actually 15 at the time she knew that statutory rape would be a good way to get him back. She told her parents and they went to the police. My friend got arrested and charged with statutory rape. He has gathered up about at least 12 potential witnesses to prove the lie. There is no DNA evidence and he didn’t talk to the police. I want to know what defense would be best?

Asked on October 5, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is not the type of question that can be answered over the internet.  You need to have your friend seek legal help as soon as possible on the matter.  It does not matter that she is lying about the consent issue for him to be charged with the crime here.  He fits the bill, so to speak.  And as long as she is sticking to her story then he needs to have an attorney involved with the matter sooner rather than later.  His attorney will best be able to let him know the course that they should proceed in defending him in the matter once he has gotten the required discovery from the prosecutor.


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