Navigating the complexities of sexual abuse charges in Colorado requires an in-depth understanding of criminal law and procedures. The implications of these allegations can be devastating, resulting in the loss of the accused’s freedom, resources, home, family, and reputation. If you are facing such dire stakes, you need skilled legal representation from a criminal defense lawyer who knows how to fight back against the system and challenge any DNA evidence presented in your case.
What Is Sexual Abuse?
Under Colorado law, sexual abuse requires the perpetrator to act “for the purpose of causing sexual humiliation, sexual degradation, or other physical or emotional discomfort of a sexual nature.” These crimes usually involve a pattern of sexual abuse, which generally refers to “the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.”
In addition to providing the basis for criminal charges, Colorado also has a law that allows a victim of sexual misconduct that occurred when they were a minor to bring a civil claim against the actor who committed the sexual misconduct and against an organization that operators or manages a youth-related activity or program if it knew about or should have known about the misconduct.
What Is DNA Evidence?
Deoxyribonucleic acid (DNA) is unique for each individual. DNA is in a person’s blood, saliva, semen, and other bodily fluids. It is also found in skin cells, which are used for “touch DNA.” DNA profiling involves analyzing a person’s genetic material to create a unique DNA sequence and compare it to suspects.
How DNA Evidence Can Be Used to Defend You
Some of the potential ways that DNA evidence could help defend you include the following:
Exoneration
DNA evidence can sometimes help exonerate innocent people who have been wrongfully accused of sexual abuse. The perpetrator may be someone else, or the child may have lied about the situation at a parent’s urging or for their own nefarious purposes. DNA evidence may help show that you did not have any sexual contact with the child.
Identifying Someone Else
DNA evidence may point to another person who has had sexual contact with the child, which may help question any allegations against you.
Challenging Evidence Collection Processes
The way evidence was collected or contaminated can sometimes provide a legal basis to challenge the reliability of the evidence. Sometimes, an expert witness may be able to explain how testing should have been conducted and how the state deviated from accepted standards. These strategies may help get evidence suppressed so that it cannot be presented in court, possibly providing a justification to dismiss the charges against you or to raise reasonable doubt in court.
Contact Us for a Confidential Consultation
In cases involving DNA evidence, you need a lawyer knowledgeable about evidence collection procedures, chain of custody issues, ways labs can mishandle or contaminate samples, and the importance of independent testing. The Law Offices of Elaine E. Lukic can help identify effective defense strategies in your case. Call us at (888) 565-2217 or contact us online to arrange a confidential case review.