Legal Question in Criminal Law in Michigan

The Confrontation Clause is in the 6th amendment, not the 14th. That may pose a problem for the prosecutor unless the victim gave testimony under oath prior to trial and the defendant was given an opportunity to cross examine the victim. For example, if a preliminary examination was held where the victim testified then the prosecutor could use that at trial by having that prior testimony read into the record. That is allowed under an exception in the evidence rules known as an unavailable witness.

Your right to confront your accuser would not have been violated because you had the opportunity to cross-examine at that time. However, if there was no prelim and no prior testimony was given under oath, then the prosecutor would not be able to proceed unless in the unlikely event there is another witness to the event that they could present. That is unlikely however. Make sure you are represented by an experienced criminal defense attorney that regularly handles sex crimes defense as this is an extremely serious matter with life-altering consequences.

There are times when even unsworn statements can be used in court. For example, a dying declaration is often admissible in court. The particular circumstances in the case need to be carefully reviewed by our CSC defense attorney before your question can be accurately answered. You can read more at:

www.SexCrimeAttorneys.com