In any case of sexual assault, law enforcement evidence is often crucial. Understanding the process of law enforcement evidence gathering can help clarify a confusing and stressful situation.
Types of Evidence Collected in Sexual Assault Cases
Police gather various types of evidence to build a case. This can include:
Witness Statements: An account given by someone who witnessed the event or has personal knowledge of it or circumstances surrounding it (e.g., an eyewitness, victim, or bystander).
Physical Objects: These are actual physical things, such as clothes, weapons, or any other physical object relevant to the crime.
Forensic Evidence: DNA, fingerprints, and bodily fluids can help link the suspect to the crime.
Electronic Records: Text messages, emails, social media posts, and other electronic communications can be admitted into court to provide context for evidence or to help establish a timeline.
The Right to Remain Silent
Perhaps the most important of the rights of anyone accused of a crime, including sexual assault, is the right to remain silent.
Police statements are often highly persuasive, and many court cases revolve around what is said immediately after an arrest or an accusation.
Admissibility of Evidence
Not all evidence that the police collect is admissible. Evidence presented at trial should be relevant and credible. Irrelevant information—for example, an accused’s background or personal history—is usually excluded.
A criminal defence lawyer challenges the admission of evidence that fails to meet these standards, which can affect the course of the case.
Witness Testimony
In cases of sexual assault, witness testimony is often important, including the testimony of the victim as well as that of other potential witnesses who might have some knowledge of an alleged crime.
However, the reliability of a witness and the accuracy of a witness’s statement will then come into play. The defence lawyer may challenge the reliability of the witness’s testimony to ensure that the court has an accurate account of events.
Importance of Legal Representation in Sexual Assault Cases
Accusations of sexual assault are serious. They potentially damage your career and social life and even result in prison time. The prosecution has a lot of power and the potential to ruin your life.
That’s why you need a lawyer to help guide you through the legal process, explain your rights, and protect your future.
A defence lawyer can also examine evidence collected and bring it to light should any of it appear suspicious, before it ever reaches a courtroom.
If you ever find yourself on the receiving end of a sexual assault allegation, the first thing you should do is secure experienced legal representation.
Jerry Steele of Steele Law in Victoria, B.C., is the lawyer you can trust for representation against sexual assault allegations.