“It’s just her word against mine.”
Another popular myth is the one based upon a person’s belief that if any case comes down to one person’s word against another’s then it’s impossible for a person to be found guilty. Despite the fact that the police do not have to videotape and or audiotape a person or when they do they can do so without a person’s consent, there is no requirement that more than a person’s word is necessary to convict a person of a crime.
This myth usually presents itself in cases of domestic battery and sexual battery where there is no hard evidence that a crime took place. Or as mentioned previously, in cases where no weapon is found, but the alleged victim claims to have seen a weapon. In other words, if there is no DNA evidence, weapon recovered, and or evidence of any injury then how can a crime be proven? The ultimate myth that comes out of this is the accused’s belief that a person’s testimony is not evidence. A sub-part to this myth is the false belief that if the only evidence against the accused is the testimony of his co-defendant(s) then this is not enough evidence to convict the accused.53
The only basis in truth that can be found for the myth that the testimony alone of just one person is not enough to convict a person of a crime is the “Physical Facts Rule,”54 also known as the “Rule of Impossibility.”55 This rule stands for the proposition that in certain cases where the testimony is so unbelievable, so ambiguous, so incredible, so impossible, so inherently unreliable, or so irreconcilable with the physical evidence or lack thereof, the Judge can ignore the testimony and enter a judgment of acquittal. 56