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CSC with a minor

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fearfulinmich

Junior Member
What is the name of your state (only U.S. law)? Michigan
My question pertains to criminal sexual conduct with a minor. There is a situation where a 8 year old mentioned her brother forcing him to touch his genitals in the bathroom after she told him no when he asked her to touch it. She was interviewed with a forensic interviewer while the detectives listened in through surveilling that she was made aware of. The defendant adamantly denies this. What is usually the protocol at this point? Does the prosecution take the child's word or how do they prove it and decided whether or not there is a charge? There was mention of taking a polygraph...at first the defendant denied willingness to take it but has now reluctantly agreed. Please give me any and all thoughts on this.
 


CdwJava

Senior Member
A polygraph is not admissible in court, but it can sometimes be useful to the police in ruling out a suspect, or, ruling IN one. Keep in mind that evaluates physiological indicators of stress and it can be beaten or even misinterpreted - hence the reason it is not accepted as proof in court.

If there is no proof, and the victim';s statement is not drastically more compelling than the suspect's, then it is usually a wash and no conviction will ensue.

No one here can predict what will happen or what the prosecutor will do. The defendant would be a fool to take a polygraph unless he has his attorney do it. If his attorney does it, they can relase the results if they wish, or not. The prosecution probably will not agree to that, but that's the safest way for the defendant.
 

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