Yes, you can be arrested for sexual assault even if there is no physical evidence, especially if there is a complaint from an alleged victim. In California, law enforcement can make an arrest based on probable cause—which may stem from a statement alone, without supporting forensic evidence.
While this may seem alarming, it’s important to understand that an arrest is not a conviction. The criminal justice system allows law enforcement to act on accusations, particularly in sensitive cases like sexual assault, to protect potential victims. However, the burden of proof remains on the prosecution, and the case must be proven beyond a reasonable doubt in court.
If you’ve been accused or arrested for sexual assault and believe there is a lack of credible evidence, it’s essential to protect yourself immediately:
- Do not speak to police or investigators without an attorney present
- Avoid discussing the case with anyone else, including the accuser
- Document any potential evidence or witnesses that support your innocence
At Simmons & Wagner, we use our unique insight as former Orange County District Attorneys to identify weaknesses in the prosecution’s case. We understand how sexual assault cases are built—and more importantly, how to dismantle them.
Don’t assume the truth will speak for itself. Contact our firm today for a confidential consultation and let us start building a strategic defense before charges escalate.