Lack of Medical Evidence Leads Broward County Prosecutors to Drop Rape Accusation Against Michael Irvin

leifertlaw March 8, 2010 Florida Law Enforcement

Last month, Broward County prosecutors announced that they would not file charges against Florida native and football legend Michael Irvin, who was accused of rape earlier this year. According to a memorandum, a lack of medical evidence and irregularities between what the accuser and others said were factors in the decision.

Although the woman passed a polygraph test which was reviewed by several experts, polygraph cannot be submitted as evidence in a criminal case. There was no medical evidence that the woman had been raped and she reportedly waited over two weeks to report the incident to police. The only legally admissible evidence was the woman’s statement and her apparently emotional state. A lawyer for Irvin has filed a civil lawsuit against the woman for allegedly trying to ruin the football player’s reputation and career.

Irvin’s prior legal issues include pleading no contest to drug charges in 1996. He and a teammate were also accused of sexually assaulting a woman, but the woman later retracted her story after an investigation proved she had made it up.

Source: Broward prosecutors decline to file charges against Michael Irvin, Miami Herald, February 25, 2010
If you have been arrested and charged with a crime in Broward County like rape, assault, or drug possession, contact our Broward County Criminal lawyers for a free initial consultation.

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