Question

Can I be convicted if there is no physical evidence?

Has anyone been convicted of penal code 288.7 and or 288.5 without any physical evidence and just the accusations of the alleged victim?
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Answered By: Law Office of Peter F. Goldscheider
All the time. All it takes is a complaining witness who is believable.

Answer Applies to: California
Replied: 9/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Edward J. Blum
Yes and Yes. You need a lawyer to fight this.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Eric Sterkenburg
Often people are convicted without physical evidence. This turns on who the jury finds more trustworthy; the accused or the alleged victim. It will depend too of the background of both the alleged victim and the accused. A good attorney skilled in cross examination (like myself) will conduct the examination the way you will seem more creditable. The attorney should keep out some of your background if it is not helpful. The type of charges you are facing are very serious and if convicted you would go to jail for up to 25 to life. How much is staying out of state prison worth to you?

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Harry E. Hudson, Jr.
One witness , if believed by the jury, is sufficient to support a guilty verdict.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Daniel K Martin
This is a very good question. Yes you certainly can and most of those types of cases, do result in a conviction based entirely on the testimony of of the victim. Do not under estimate the risks involved in these situations. Consult with a criminal defense attorney right away.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James A Bates
Yes. Circumstantial evidence, despite what you see on TV shows, is perfectly good evidence. The accusation of the alleged victim can be enough if the jury believes that person. But have an attorney investigate the case. The alleged victim may have an axe to grind, or have falsely accused people in the past, or simply might be crazy. Fight this to the max.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jeff Yeh
Of course you can. Sexual assault doesn't always leave physical evidence behind. If there is physical evidence, it just makes the prosecution's case stronger (ie. semen). Just remember that merely touching a child in the wrong way suffices.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Wallin & Klarich: A Law Corporation
This is one of the most serious crimes that someone can be accused of? OF course, you need to immediately sit down with one of our lawyers as we have been defending people accused of sex offenses for thirty years plus. Have you already retained an experienced criminal defense law firm.

Answer Applies to: California
Replied: 9/9/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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