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DAVID CLARK
Criminal Defense Attorney

What Needs to Be Proven in a Philadelphia Sex Crimes Case

Our Philadelphia sex crimes lawyer can discuss how sex crime cases including rape are proven in court. If you have been charged with a sex crime in Pennsylvania it is likely in your best interest to call today and set up a free consultation as soon as possible.

What Does The State Need to Prove in a Rape Case?

The state needs to prove that the accused sexually assaulted another or attempted to. Additionally, if penetration can be shown, however slight, a felony can be charged. In either case if a sexual assault is proven, the consequences are the harshest in the city and the accused often sit in jail for long periods of time awaiting trial.

How Do They Go About Proving Their Case?

Prosecutors prove their case with the use of direct and circumstantial evidence. Direct evidence consists of victim testimony, eye witness testimony, DNA , fingerprints and other scientific evidence. Circumstantial evidence may consist of a connection between the parties or even any motive for the action. The prosecution has their own Family Violence Unit, the depart of Human Services, and the Police Special Victims Unit at their disposal. With the cooperation of all agencies they look to build their case.

What Type of Evidence is Typically Presented?

The prosecution offers evidence directly from the complaining witness, eye witnesses, experts, medical personnel, DNA scientists, police, specialized detectives, social workers and both psychologists and psychiatrists. All these combined allow the prosecution to present and attempt to prove their case.

Is The Use of Witness Testimony Unique in Sex Crime Cases? How so?

In a sex case the crucial witness is likely the victim. If a finder of fact finds the victim credible it can be the most significant evidence in the case. The job of an experienced Philadelphia sex crimes lawyer is to challenge the victims recollection and credibility. If done in an appropriate way the accused stands a great chance of winning their case. A lawyer always makes the difference. Our two decades of experience will help us defend you against false allegations and fight for the truth and your acquittal.

What Are Some of The First Things That You Look For As a Criminal Defense Attorney in a Sex Offense Case?

The first thing I look for is a motive for the victim to lie. In two decades this is the most important factor in defending a case. Science only plays a role if the victim is believed. If relations were consensual and lawful then science is useless. The biggest concern is to make sure a judge or jury understands why a victim is not being truthful and only then can accused be protect. I look for the timing of the report of assault, the relationship between the parties, and the victims record. All these are essential to the best defense.

What Are Some of the First Questions You Ask?

I ask my client how they know the victim and why they think the victim is not being truthful. Once I understand these answers the remained is built around proving and bringing these issues to light. It is important to show my client as the victim not the aggressor. If that can be shown an acquittal is likely.