A criminal attorney who defends a person accused of sexual battery must also consider the role forensic evidence may play in the client’s case. Unlike what is seen on television, not all cases come with DNA that unequivocally proves who is guilty and who is innocent. In fact, real police detectives don’t wear designer clothing and they don’t drive luxury sports cars as they hop between crime scenes located on expensive yachts and beach front mansions.
In the real world, criminal lawyers deal with different types of forensic evidence that tell different stories, if anything at all. In some cases, the quality of the forensic evidence is great. In other cases, forensic evidence may be questionable or unreliable. Ultimately, the value of forensic evidence will rest heavily on its ability to either prove or disprove an allegation.
For example, the fact that semen recovered from an alleged victim matches a DNA sample taken from a defendant may not prove anything more than the defendant ejaculated. It does not prove that an act of forced sex was committed on the alleged victim nor does it prove where or when a sex act occurred. However, in some cases, such as sexual battery on a victim under 12 years of age, the presence of semen on/in the victim would be dispositive because there is no lawful circumstance where a person could be ejaculating on or in a child.
I know this example sounds crude, but such matters go to the very heart of these criminal charges.
In a sexual battery case that concerns alleged rape by one adult on another, the recovery of semen from the alleged victim (that matches the defendant’s DNA) does not prove that the sexual encounter was unconsensual. Again, it only proves that the defendant ejaculated.
When victim and defendant are strangers and the alleged rape happened in a dark alley or parking garage, this may not be a credible defense. However, when the alleged victim and the defendant are boyfriend and girlfriend, ex-lovers, or were two people who met while drinking heavily at a bar or party, the alleged victim’s claim that he/she did not consent may be questionable.
In such cases, the defendant may not even deny that a he/she engaged in a sex act with the victim. Rather, the whole case may come down to a question of mutual consent at the time of the sex act. Just because the victim woke up the next day with a headache, memory loss, or feelings of guilt or self-disgust, does not mean that an unconsensual sexual encounter transpired between the alleged victim and defendant.
In cases like these, where DNA evidence plays an unimportant role, prosecutors will need other evidence to prove the allegation of sexual battery. This is a good thing for the defendant because his/her criminal attorney because the case will focus on other evidence, like testimony, rather than forensic evidence.
The other evidence presented by the prosecution can take many forms. In some cases, the prosecution may introduce the testimony of additional witnesses or other forensic evidence. Other forensic evidence may include medical findings from health care providers at the Sexual Assault Treatment Center or electronic evidence, such as incriminating text messages, emails, online chats, or jail calls. Of course, the presence of a taped confession may make the difference between an acquittal and a conviction.
In the next section we will discuss the different types of forensic evidence a bit further. We will also discuss how such evidence is used at trial and how forensic experts develop some of their opinions.