Being charged with sexual assault is a serious legal problem that can affect your financial, professional, and even personal life. A conviction may result in civil liability, jail term, and sex offender registry status. You will likely have many questions that need answers if you or someone you know is facing sexual assault charges in Clinton County. Collecting evidence during the early phases of a sexual assault inquiry is important. The best course of action for protecting your rights is to speak with a criminal defense lawyers in Clinton County who has handled cases involving sexual assault.
Investigators start gathering evidence against a person as soon as a claim of sexual assault is made against them. A “rape kit,” which aims to collect DNA evidence and demonstrate that a victim did not agree or provided consent. This may have been compiled in part by medical experts prior to the individual reporting the alleged sexual assault incident to the authorities.
The authorities may wish to gather the claimed victim’s clothes, bed linens, and other belongings that may contain evidence from the alleged assault, depending on how much time has passed since the alleged crime. To look for anything strange in the patient’s body, such as the passing of AIDS, they might also ask them to undergo a blood test or another type of medical examination. The test results and additional materials will be sent for testing and forensic investigation.
There are two primary types of evidence: physical and digital. If you are accused of sexual assault, you have a right to know what kind of evidence the prosecution may use against you.
Criminal defense lawyers in Clinton County frequently use physical evidence, such as DNA, blood, fibers, clothing, and hair, as the primary piece of evidence in their cases. On the other hand, any information kept on a computer, smartphone, or other electronic device is typically referred to as digital evidence. These are:
A lot of the stuff we do online is available for seeing for a very long time instead of being completely private. Any such information might be interpreted differently by a different person. While digital evidence may not often serve as the sole foundation for charging someone with sexual assault, it can support the prosecution’s claim of harassment or lack of consent.
In case of false allegations, sometimes, to support their allegations, accusers construct evidence they do not have. In a case involving sexual assault or rape, the primary pieces of evidence are:
False claims often arise long after DNA evidence has been destroyed, making it challenging to prove the validity of sexual assault cases. In addition to insufficient evidence, unlawfully obtained evidence, possibly due to an officer’s improper execution of search and seizure procedures, can also undermine the prosecution’s case.
Few or no witnesses to the alleged crime are present in situations of sexual assault. The majority of sexual assault cases are “he-said, she-said,” or based simply on the victim’s word, who is usually a woman.
The authorities utilize the remarks made by the accused victim to start their investigation. Furthermore, if he or she decides to testify in court, that evidence is viewed as supporting or establishing a sexual assault.
The truth about the accused victim, his or her account, and the events that really happened can be uncovered by criminal defense lawyers in Clinton County through the employment of psychological specialists and private investigators. Your lawyer can assist you in discussing your choices for your sexual assault lawsuit if you are worried that your statement or interview will damage your reputation.
Gathering proper evidence is essential to prove whether a sexual assault occurred or if you are falsely accused in the courtroom. However, many people make the mistake of representing themselves in court without knowing or understanding the procedure. Thus, it is best to leave it to the professionals who have experience in this field.
Reach out to us! We are aware of the severe complications and consequences that a false conviction and a person who has truly experienced sexual assault go through. Our skilled criminal defense lawyers in Clinton County can help you get justice. Get in touch today!