FREE CONSULTATIONTEXT OR CALL 24/7
Free Consultation:

Direct vs. Circumstantial Evidence

*Criminal Sexual Conduct cases are unique in that a charge of Criminal Sexual Conduct, no matter what the degree, can be proven by the state using solely what the accuser claims happened and that is it.  No other evidence is required.  

 

DEFINITIONS:

DIRECT EVIDENCE vs CIRCUMSTANTIAL EVIDENCE 

  • DIRECT EVIDENCE – is what we actually see or hear. 
  • CIRCUMSTANTIAL EVIDENCE – is evidence that normally or reasonable leads to other facts. 

 

When determining whether or not to charge the accused with Criminal Sexual Conduct, direct evidence is typically the best evidence, but not the ONLY evidence.  Oftentimes, the state may use circumstantial evidence to charge the accused with the crime of Criminal Sexual Conduct.  Circumstantial evidence alone can be enough to charge the accused with a Sexual Assault charge.

 

COMMON QUESTIONS 

DIRECT EVIDENCE vs CIRCUMSTANTIAL EVIDENCE 

 

HOW CAN THERE BE AN INVESTIGATION OR A CHARGE OF CRIMINAL SEXUAL CONDUCT WITHOUT ANY EVIDENCE?

When the state decides to charge the accused with the charge of Criminal Sexual Conduct, oftentimes the state moves forward with not only direct evidence from what the accuser claimed, but they also have circumstantial evidence to support the accuser’s accusations.  (See the most common evidence used by the state against an accused in Criminal Sexual Conduct cases below).

In order for the state to charge an accused with Criminal Sexual Conduct the ONLY evidence that is required, under the law, is the accusations by the accuser that he/she was sexually abused.  NO OTHER EVIDENCE IS REQUIRED. 

 

BLANK LAW, PC EXAMPLE:

DIRECT EVIDENCE

The most common example of direct evidence is eyewitness testimony.  For example, as you are walking down the street, you observe a man stabbing another man.  Your testimony would be considered direct evidence of a stabbing.  In other words, your testimony and/or your eyewitness statement about what you observed would provide the state/Judge/Jury with direct proof of the truth.  You, as an unbiased witness, would validate the assertion of  changing the accused with a crime and further finding the accused guilty or not guilty. 

 

BLANK LAW, PC EXAMPLE:

CIRCUMSTANTIAL EVIDENCE

Using the example from above, this time you didn’t personally observe the stabbing.  Instead, as you came around the corner, you observed someone running past you with a knife in their hand.  Next, you observe a person on the ground bleeding and screaming.  Although you did not personally see the stabbing, it can be inferred, from what you did observe, that a stabbing just occured. Circumstantial evidence is about the circumstances observed both prior to and after the crime.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

We accept the following payment methods:


We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.

We serve the following cities: Center Line, Eastpointe, Fraser, Grosse Pointe Shores, Memphis, Mount Clemens, New Baltimore, Richmond, Roseville, St. Clair Shores, Sterling Heights, Utica, Warren, Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Clarkston, Clawson, Farmington, Farmington Hills, Fenton, Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lake Angelus, Lathrup Village, Madison Heights, Northville, Novi Oak Park, Orchard Lake Village, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, South Lyon, Southfield Sylvan Lake, Troy, Walled Lake, Wixom, Allen Park, Belleville, Dearborn Heights, Dearborn, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Shores, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Melvindale, Northville, Plymouth, River Rouge, Riverview, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven and Wyandotte.


Michigan Criminal Sexual Conduct Lawyer
MI Sex Crimes Attorney
Blank Law, PC


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Back To Top