When a case is “he said, she said,” is testimony alone enough to secure a conviction?
Overwhelmingly, this question comes up in two contexts:
In relation to sex crimes (often against children/minors); and, less commonly,
In relation to domestic/family violence
What do these criminal contexts have in common? They typically occur in private settings, at times and places that lack video cameras or witnesses other than the alleged victim. The fact that there is usually little “hard” evidence in these types of cases means that they are difficult to defend, but they can also be difficult to prosecute.
The question of whether testimony alone is enough to convict is usually accompanied by a narrative expressing confusion, panic, or outrage. Typically, the people who ask variations of this question indicate that there is no physical evidence to support the case– no video, no DNA, no physical injury, no other witnesses– there is only the allegation made by the alleged victim. So the questions abound:
Can someone simply claim that a crime was committed, offering no other proof?
Yes.
Can serious criminal charges be filed on the basis of those claims alone?
Yes.
Can a conviction come on the basis of those claims, alone, with no other evidence?
Yes.
Particularly as it regards cases of sexual abuse against a child, it is well established in Texas law that an alleged victim's uncorroborated testimony, standing alone, is sufficient to support a defendant’s conviction. Tex. Code Crim. Proc. Art. 38.07.
Across the nation, and in Texas, uncorroborated testimony is enough to convict and imprison individuals charged with serious crimes including sexual assault; aggravated sexual assault; continuous sexual abuse of a young child; indecency with a child; sexual performance by a child; indecent assault; prohibited sexual conduct; sexual coercion; and assault family violence.
Let’s clear some things up.
What is testimony? Testimony is the verbal information provided by a witness, under oath, in a legal proceeding. When a witness speaks under oath, what the witness says is considered to be truthful unless rebutted. A skilled defense attorney will call the witness’s testimony into question, pointing out inconsistencies in the witness’s story, discrediting the witness’s credibility, and exposing the witness’s biases, issues with memory, or perception, among other things.
Is testimony considered to be evidence? Yes. Testimony is a type of legal, admissible evidence.
Isn’t testimony hearsay? No. Witness testimony is not hearsay. Hearsay is when a witness testifies about a statement made out of court. For example, if Anna testifies, "Jodie told me that Rebecca slapped her," the statement would be hearsay because Anna is testifying about a statement that Jodie made outside of the courtroom/court proceedings. However, if we had Jodie as a witness, and Jodie testified saying, “Rebecca slapped me,” that would not be hearsay, because Jodie is testifying to something that happened, not to a statement that was made.
Importantly, hearsay is not always inadmissible. There are many exceptions to the basic hearsay rules. In Texas, our Rules of Evidence allow the defendant’s own out-of-court statements to be offered as admissible evidence even though such testimony would normally be objected to as hearsay.
Testimony can be very powerful. Many charges are brought on the basis of testimony alone. When trying to resolve a case via plea deal, the credibility of witnesses (and their expected testimony) drives negotiation. In a courtroom trial, a compelling witness can sway a jury’s opinion about the case. Even when physical evidence exists in a case, testimony captures jurors’ attention and offers them the opportunity to more deeply understand the case.
Especially when there is little to no physical evidence in a case– video footage, photographs, DNA, fingerprints, weapons, etc.-- cases turn on the strength of testimony.
Our legal system places a lot of faith in the credibility and truthfulness of witnesses. If the jury or judge finds a witness's testimony to be believable and sufficient to prove guilt beyond a reasonable doubt, a conviction will come even when there is no “hard evidence” that a crime was committed. The testimony is evidence, and compelling testimony is enough to put a defendant behind bars.
However, this doesn't mean it's easy to secure a conviction. The prosecution must still meet the highest burden of proof and persuasion in our legal system– that the defendant is guilty beyond a reasonable doubt. Skillful defense attorneys work diligently to challenge the credibility of witnesses, point out inconsistencies in the prosecution's case, and cast reasonable doubt that the accused is guilty.
While testimony alone is enough to secure a conviction, the lack of supporting evidence makes it more difficult to prosecute “he said, she said” cases. These cases often face intense scrutiny due to the very serious nature of the charges and the potential for false accusations. There are many avenues to explore in defending against these charges: exposing the witness’s bias or improper motivation; attacking inconsistencies in the witness’s story; discrediting the witness’s testimony due to issues with memory or the influence of drugs/alcohol, and other tools that establish reasonable doubt.
In preparing to defend these “he said, she said” cases, it’s extremely important to deeply investigate the alleged victim’s testimony and strategically, thoroughly question the testifying witness. Hiring a diligent, aggressive, and detail-oriented criminal defense attorney is absolutely essential to meaningfully fighting serious charges.
If you’re facing a case that lives or dies based on the testimony of a single witness, let DIABLITA CRIMINAL DEFENSE defend you.
Call (512) 838-3442 to receive a FREE case evaluation.
When you’re facing a “he said, she said” case, particularly one involving alleged sexual abuse or domestic violence, you need an aggressive defense. Many individuals facing serious criminal charges for sex offenses, domestic violence, or other typically “he said, she said” crimes think that they’re safe from prosecution because there’s no physical evidence in their case. That’s a deeply misguided belief. Texas prisons are filled with people who believed that their charges would go away because there was no DNA, video, or other evidence corroborating their accuser’s testimony. The consequences of these charges can be devastating, even when the charges don't result in a final conviction.
In Texas, individuals who receive deferred adjudication for qualifying sex crimes are nevertheless placed on the Sex Offender Registry.
Texas courts do not issue orders of nondisclosure in family violence cases.
Don’t let criminal charges derail your life. Call (512) 838-3442 to speak with the Devil.
Atty. García Falone practices in the Austin metro area (ATX) as well as the Dallas-Fort Worth metro (DFW). She practices in counties throughout Texas, including Travis County, Williamson County, Bastrop County, Hays County, Caldwell County, Blanco County, Burnet County, Bell County, McLennan County, Hill County, Ellis County, Tarrant County, Dallas County, Kaufman County, Denton County, and Collin County.