QUESTION
Can you be arrested just by word of mouth on accusation of attempted rape?
Asked on Jun 19th, 2013 on Criminal Law - Michigan
More details to this question:
Someone I know was arrested because he was accused of attempted rape. I would like to know can you be arrested just by word of mouth? Or does there need to be sufficient physical evidence? No one believes this story to be true but the woman accusing him of this had an injury on her arm and someone else called the police a week later to report it.
11 ANSWERS
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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He can be arrested. Most of these types of cases are he said/ she said without DNA evidence. Most people are naive. In response to police questioning, they then place themselves at or near the crime. This shows the police the person had the opportunity to commit the crime. Best to get the assistance of counsel because we understand the tactics.
Answered on Jun 21st, 2013 at 5:56 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not on word alone, but you describe "injuries on her arm" sounds like more than "word of mouth". Also was a medical exam performed? If so, there may be evidence of DNA. Sounds to me like there is more to this than you know.
Answered on Jun 20th, 2013 at 11:58 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, you can be arrested by word of mouth. Actually, this is how most arrests and criminal cases start.
Answered on Jun 19th, 2013 at 8:18 PM
Michael J. Breczinski
The word of a person alone, if believed beyond a reasonable doubt, can get someone CONVICTE of rape. The defendant should get a lawyer and never talk to the police without that lawyer.
Answered on Jun 19th, 2013 at 7:40 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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In short, yes it can be. Although physical evidence would make the case stronger, it is not required.
Answered on Jun 19th, 2013 at 7:40 PM
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Yes, you can be arrested based on what someone says. They will need an eyewitness to be able to prove this at trial, but no physical evidence is legally required (though it would help them).
Answered on Jun 19th, 2013 at 2:45 PM
The statement of the victim of a crime or the statement of a witness of a crime is evidence. In your friends case the statements are probable cause to arrest your friend. However, it may or may not be enough to convict him.
Answered on Jun 19th, 2013 at 2:41 PM
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The accused needs an attorney as soon as possible. He should not talk to police other than to say, I want an attorney. All jail calls are recorded, so do not discuss any facts on the phone. Beware of the pre-text phone call this is a call by the accuser to the accused asking him to confirm things, often with an implication that if he just admits to things, then all is forgiven. This call is being recorded by police. The police are directing her what to say to try to get evidence against him.
Answered on Jun 19th, 2013 at 2:35 PM
Yes you can, especially if you don't know when to shut up. Ever heard of the right to remain silent? to an attorney?
Answered on Jun 19th, 2013 at 2:33 PM
Personal Injury Attorney serving Las Vegas, NV
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James E. Smith, LTD
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Word enough is good for a rape accusation.
Answered on Jun 19th, 2013 at 2:29 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Unfortunately for your friend, the answer is yes, one can be convicted of rape just by accusation physical evidence is not required. Many people are convicted of rape just based on the verbal accusations of the complaining witness.
Answered on Jun 19th, 2013 at 2:29 PM