[Law is not justice but process]

Once the case is called to trial, the prosecution gets to put up their case first. They must put up sufficient evidence of each and every element of the crime. For instance, in my state rape is now called criminal sexual conduct (probably first degree, from what I have heard of the accusation). The state would have to prove a penetration (I will spare you a precise definition, but it is pretty much what you are thinking) by a defendant of another accomplished through the use of aggravated force (that makes it first degree). Should the prosecution fail to present evidence sufficient for the jury to find, for example, aggravated force, the judge would direct a verdict at the close of the state's case. He might still allow a lesser offense to go to the jury (maybe CSC 2nd degree or aggravated battery), but the original offense would be gone forever. If there is no proof of identity, the judge would have to direct a full acquittal. If he did not, the appellate court would. The judge cannot dismiss the case until it is called to trial, though (caveat: many states have preliminary hearings where the case can be dismissed before trial, but usually the standard for dismissal is more lenient toward the prosecution).

If that does not answer your question, I will gladly try again.

[Alia]

You've explained this very well and clearly. I thank you very much.