Criminal defendants who are accused of sexually-based crimes face lifelong repercussions of a conviction. Anyone who is convicted of a sexually-based crime is required to register as a sex offender for the rest of their lives. Criminal defendants facing the offenses are advised to seek legal counsel as quickly as possible.
The Lawful Acquisition of DNA Evidence
When a sexually-based crime is reported, the victim must undergo a medical examination where DNA evidence is collected for testing. The testing shows the DNA for the assailant, and the results are compared to samples taken from potential perpetrators. When investigating the crime, law enforcement officers must follow legal protocol to collect samples from would-be perpetrators. If the individuals refuse to provide a sample willingly, the prosecutor must file a motion to get a court order to require a DNA sample. If any DNA sample was obtained illegally, it is not admissible in court.
Reviewing the Chain of Possession for Evidence
Reviewing the chain of possession for evidence could lead to a dismissal of the charges. If the chain of possession isn’t documented properly or if an authorized individual gains access, the evidence could be classified as tainted. All evidence must be secured properly to prevent this outcome and also prevent individuals from tampering with evidence just to secure a conviction.
Mistaken Identity and Evidentiary Support
Sexual assault is a traumatic event, and in some cases, the victim could identify the wrong individual. If the defendant is using a defense of mistaken identity, it is vital for the defendant to show why it is impossible for them to have committed the crime. For example, showing a timestamp in video footage of the date and time when the crime was committed places the defendant in another location. If the defendant wasn’t at the scene of the crime, there’s reasonable doubt that they didn’t commit the crime.
Criminal defendants facing sexually-based charges could face damage to their reputation even if they aren’t convicted. This is why defendants charged with sexually-based crimes need legal assistance to mitigate these risks. Defendants who need to learn more about building a defense can get more information now.