“He Said/She Said” Cases

Answer: You cannot only be charged in a “he said/she said” case, you could have a trial. The person accusing you could testify, you can testify, there can be absolutely no other evidence that helps the jury understand whether it happened or not, and the jury can convict you. The judge can sentence you to prison and lifetime registration. One person’s word, if believed by 12 people on a jury, is enough to convict. And so not only can you be charged, you should take it that seriously and you should be prepared to prove your innocence. Our system is built upon a presumption of innocence, which goes out the window in most sexual assault cases. And so, as a practical matter, never make the mistake of saying, “It’s just a ‘he said/she said.’ I can handle this.” Get somebody who knows.