What happens to an assault and battery charge when there are conflicting stories?

I have 2 employees that are currently involved in an assault and battery case. The woman filed a police report stating that there was an attempt made to sexually assault her. The man filed a police report stating that both individuals were involved in rubbing each others shoulders. Both admit that there has been several occasions prior to this where both were involved in massaging each others shoulders. I would guess that a woman’s statement would have a heavier presence, but will the conflicting stories lead to a criminal case? How would she prove/deny such event happened?

Asked on October 13, 2011 under Criminal Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the two assault and battery claims are now the subject of a criminal action or action, the way the charges are resolved are as follows:

1. a party pleads out to a charge or a lesser included offense;

2. the charge and action is dismissed by the district attorney's office;

3. one or both actions go to trial and the trier of fact makes the decision based upon the given charge where the burden of proof is beyond a reasonable doubt.

Proof is based upon testimony of witnesses, testing, photographs and other matters. Good question.


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