Defenses to Sexual Battery

Sexual assault defenses differ significantly from one case to another. That said, some of the best evidence that a prosecutor is a battery of sexual forensics, such as DNA and fiber testing. Although many people have the impression that the presence of DNA means they can open a case and closed, according to the which is not the case, said by Cleveland Criminal Defense. For example, simply because the DNA / sperm is close to the sexual organs of a victim, this does not mean that a battery has been produced.

The presence of DNA does not prove that there was a forced sexual act, and that it does not appear when sexual behavior occurs. In fact, there may be consensual sex. But if a charge of sexual assault on a victim under 12 years, the presence of DNA / semen around the sexual organs would be beneficial, since there is no reason why the DNA / semen of another person near a 12 years old. (Reuven)

Attorney David Reuven

As you can see from the reading of the cases, the previous sexual battery often have very sensitive evidence that many jurors would not be willing to look without prejudice.

In a normal case of battery or rape is the relationship between the victim and the suspect key. For example, if the victim and the accused are a couple or ex-lovers, or two people who consume a lot of alcohol after a night at a club meeting, the issue of consent will play a very important factor in the case, Cleveland Criminal Defense Lawyer has faced a lot of such cases.

In such cases, the accused can not deny that there was a sexual encounter. Such cases often revolve around the issue of consent. The fact that the victim woke up with amnesia or feelings of guilt or remorse, this does not mean that there was no consent.

A good Cleveland Criminal Defense Attorney is the relationship between the victim and the accused, the credibility of the victim, before deepening the scientific evidence as the first DNA dives. After all, why waste your time investigating DNA if the question goes whether the victim consented?

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s