When a sexual assault happens, sexual assault survivors can call the National Sexual Assault Hotline or go to the police to report that a sexual assault occurred. Sexual assault investigations can be launched due to this statement; however, it is just one piece of evidence. Forensic evidence and other physical evidence are instrumental in helping the prosecution’s case.
Wagner Reese is a law firm devoted to seeking justice for sexual assault victims through civil cases. In this blog post, we explain more about the evidence needed to hold a perpetrator accountable for a sex offense charge.
Defining Sexual Assault
When the term sexual assault is mentioned, it is defined as any nonconsensual sexual act and includes when a victim is unable to consent. Sexual assault includes rape, unwanted sexual contact, or even threats. Sexual assaults can occur even when a victim is fully clothed.
What Evidence Is Needed to Convict a Sex Offender?
In order to convict the perpetrator of an alleged assault, it takes more than simply having the victim make a statement. Their guilt must be proven beyond a reasonable doubt, and is done using various types of evidence discovered during sexual assault investigations. Here is a look at the sexual assault evidence used in court:
Physical Evidence
After a sexual assault, there is often physical evidence, including forensic evidence such as semen, DNA from blood, or other types of biological samples that can prove beyond a reasonable doubt that the accused is the one who committed the crime.
Trace evidence, such as fibers from fabrics or hairs, may also be found at the scene. If the victim sought a medical examination immediately following the sexual assault, the results may show injuries that are consistent with sexual assault, another important item of physical evidence.
While not every sexual assault involves a weapon, if one were involved, it would also be considered a vital piece of physical evidence.
Eyewitness Testimony
A victim’s testimony is an important part of the evidence, though this testimony isn’t always enough for sexual assault cases. Witness testimony from others who may have seen what happened can corroborate the testimony from a victim. If there are people who saw the sexual assault occur, they will be called to testify.
Digital Evidence
These days, digital evidence is instrumental in sexual assault cases. Text messages, emails, social media posts, and browsing history may also provide enough evidence of the alleged crime. This corroborating evidence, along with any surveillance footage, can place the defendant at the scene, especially if there is GPS data or records from cell towers.
Expert Testimony
Experts in forensics or medical professionals can help pursue justice in this type of criminal case. They may make a case stronger for prosecutors and support the claims made by victims.
The Role of Forensics in Sex Offenses
Sexual violence, sexual abuse, and sexual assault investigations are greatly aided by forensics. Witness testimony and what victims say must be corroborated for criminal charges to stick. With the help of forensics, sexual contact can be established through biological evidence.
However, not all of these cases involve penetration or leave saliva or semen. Hair and skin cells that are found at the crime scene may be all it takes to make an important connection. Forensics support the testimony from a victim, and in cases where a victim was unconscious or it was too dark to identify the attacker, DNA presented in the case can be input into databases to compare it with known offenders. Through these means, convicting a sex offender years later is now possible. Forensics helps prove sexual assault after many years in cases where circumstantial evidence was the only available evidence.
When a sex crime has been committed, it is often forensic evidence that can make a significant difference in strengthening a case. It can turn an alleged incident into a confirmed attack. The proof allows prosecutors to seek a conviction of the person who raped, forced sexual violence, or enacted other deviant behavior upon a victim.
Challenges in Sex Crime Cases
Unfortunately, most sexual assault cases involve an uphill battle for the alleged victim. There are several key challenges that tend to arise in cases involving a sex crime.
Limitations in Evidence Collection
One of the biggest challenges in sexual assault cases is that many victims hesitate to file a report right away for a variety of reasons. Some are fearful of retaliation while others are ashamed. All victims are traumatized by these horrific actions, but regardless of what has held them back from immediately reporting the assault, it can make obtaining DNA and other types of evidence more difficult. Even when there is DNA and evidence that can prove the sex crime occurred, sometimes errors in the handling or storing of this evidence can compromise its reliability.
Another reason is that the crime scene in these cases is often somewhere private. It is uncommon for a sex crime to be somewhere in public where there may be many witnesses. Coupled with time-sensitive evidence, there may be little to go on to help a victim hold their aggressor accountable.
The Passage of Time
The more time that passes after the crime, the more the alleged victim may forget. Trauma can also disrupt their memories, making it difficult to recall what happened in logical order.
Legal Strategies to Overcome These Challenges
In these criminal cases, prosecutors look for ways to show that someone is not just an alleged victim – that they have actually suffered horribly at the hands of the perpetrator. They often take a victim-centered approach using methods that don’t just include the victim’s testimony.
Thorough evidence collection and proper preservation methods are now becoming more standard once these crimes are reported. Even in cases where a victim is initially too afraid or traumatized to come forward, digital clues can help make the connection. Expert witnesses who specialize in psychology, memory, and forensics can also assist in strengthening a case to overcome the various challenges.
It is common for defense attorneys to try to exploit the challenges faced in sexual assault cases. They may focus on a lack of evidence, inconsistent statements, or claim that it is a case of false accusation, but prosecutors will focus on their defense strategy.
Legal Process and Sexual Abuse Survivors’ Rights
Stages of a Criminal Proceeding in Sexual Assault Cases
When someone has been the victim of sexual assault, once they report what happened, an investigation will begin. The police will gather evidence through multiple avenues, and if they find sufficient evidence, an arrest will be made.
After the arrest, the accused will face an arraignment, where they are officially notified of the charges against them. They will enter a plea of guilty, not guilty, or no contest. Once the plea is entered, pretrial proceedings are next, where motions may be entered as a defense strategy to suppress evidence or even have the charges dismissed.
A trial is then held to determine whether the person accused is guilty or innocent. If found guilty, they will face sentencing, though they may appeal their conviction to a higher court.
Understanding Victims’ Rights and Legal Protections
Although victims of rape and sexual violence often feel afraid, they have rights and legal protections under the law. Among them, they have the right to be kept informed about the progression of their case and the release status of their attacker. They also have the right to protection to keep them safe from the accused.
Victims have the right to support services to aid in advocacy and counseling during the legal process. To that end, they also have the right to seek restitution from the offender. Compensation through a civil case can award them what they need to cover the expenses they’ve incurred from the assault, as well as for their non-economic damages that include mental anguish, post-traumatic stress disorder, and, in some cases, disfigurement.
Wagner Reese, LLP’s Approach
When it comes to seeking compensation for the harm suffered after a sexual assault, victims can also turn to the civil courts for justice. The criminal justice system is there to punish criminals for their crimes by having them serve sentences that include jail or prison time and paying fines to the court, among others. Victims can also file a lawsuit against the person who harmed them, even if the accused was not convicted of their crime in criminal court.
Wagner Reese provides personalized legal strategies for clients who have endured traumatic rape and sexual violence by another person. Whether it was years ago or recently, our attorneys are committed to conducting a thorough investigation and gathering evidence to support your case.
Attackers should be punished under all areas of the law, and victims should not be left with the financial fallout from the physical and emotional injuries they have endured. For additional information, read “Can a Teenager Sue for Sexual Assault?” and “Whose Liable for Prison Sexual Assault.”
