CRS 18-3-402 codifies the crime of sexual assault, which is often charged as a Class 6 felony in Colorado and can result in significant penalties, including years behind bars. If you are facing sexual assault allegations, you may be able to employ effective defense strategies based on the particular evidence (or lack of it) in your case. Some of the evidence that could aid in your defense may include the following:
DNA Evidence
After an allegation of sexual assault, the alleged victim may have a rape kit taken on them. This kit may show signs of forceful sex or DNA that links the suspect to the crime. However, the absence of DNA – or someone else’s DNA – can be strong evidence to help with the defense. Likewise, if police committed misconduct or failed to follow proper procedures, your criminal defense attorney can challenge the credibility of the evidence.
Victim’s Statement
Inconsistencies in the victim’s statements can be used as evidence to aid in your defense. Many sexual assault allegations are based on fabricated or exaggerated claims. The alleged victim may be trying to gain an upper hand in a child custody case or seeking revenge after a breakup. Your lawyer may be able to point to inconsistencies between the victim’s original statement and subsequent statements they make.
Alibi Evidence
In cases involving mistaken identity, the defendant may try to present alibi evidence to show that they could not have possibly committed the crime because they were somewhere else at the time. Alibi evidence could include:
- Receipts
- Cell phone location data
- Witness statements
- Video recordings
Digital Evidence
Digital evidence, such as screenshots, phone calls, text messages, or social media communications, may help show the alleged victim consented to the sexual activity.
Lay Witness Statements
Other people, such as friends, coworkers, family members, or even strangers, may be able to testify about the interactions between the two people involved in the sexual activity leading up to their interaction. These more objective statements may have greater credibility to judges or juries.
Expert Witness Statements
In some sexual assault cases, a defense attorney may call a psychological expert or other expert witness to testify about contested issues involved in the case. They may reveal information about the alleged victim, their narrative, or the evidence that calls their credibility into question.
Medical Records
Medical records may be able to help show there was no sexual assault, the defendant was unknowingly under the influence of drugs or alcohol, or was legally incapacitated.
Contact Us for Help Obtaining the Evidence You Need to Defend Your Case
The particular evidence you can present in your case will depend on specific factors relevant to your unique case. Understanding the role of evidence and how to best present it are crucial aspects in your criminal defense. An experienced criminal defense lawyer and former sexual assault prosecutor from The Law Offices of Elaine E. Lukic can help identify the evidence to present in your case. Call us at (888) 565-2217 or contact us online to schedule a confidential case review.