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Sexual abuse/rape
Posted by Anonymous . updated on 2/2/2009
I started dating someone who I knew just came out of prison. I did not know until speaking with the Parole Officer that the primary offenses were sexual in nature. This individual claims he is innocent and the case did not go to trial. He said he agreed to plead guilty to sexual abuse not rape, although he did neither. He says there was an argument and he hit her and pulled her hair but that they had consenual sex prior to the fight. He has shown me all of the paperwork and told me his version of events. In the charges there are two counts of sexual abuse that say he penetrated the vagina and rectum of the victim with an object resulting in physical injury. I am assuming that for the charges to include physical injury, there must have been evidence. Is this true? I know the victim had a rape kit exam. Would the charges be prdicated on the exam or simply on her word? Would evidence have to be present for physical injury to be in the actual charges? Thank you for your prompt response.
Answers (2)
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Due to the nature of sexual abuse allegations, actual evidence of physical injury is not required in most states. There are times when the victim does not report the abuse immediately and only does so after another family member or friend learns of the alleged abuse and convinces the victim to report the crime. By this time the physical injury may have healed. However, there will have to be testimony of what constituted that physical injury. It is up to the defense attorney to challenge the credibility or bias of the witness concerning the physical abuse. Additionally, expert testimony will probably be required to rebut any testimony by the victim describing the physical abuse. Normal, consensual sexual relations leaves a small amount of evidence of physical injury. Therefore, an expert will be able to determine whether the described physical injury was consensual or against the person's will.
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with a charge of sexual abuse, there does not have to be any evidence of physical injury. The victim may not have reported the crime right away and any injury may have healed. In sex cases, injury is not a requirement.
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