The Role of Forensic Evidence in Sexual Assault Cases in San Diego

Posted on: November 30th, 2024 by Dod Law

Challenging sexual assault charges is difficult, but it’s not impossible, even when an alleged victim has forensic evidence on hand. Forensic evidence can become compromised through improper handling, and it can be misused.

If you want to cultivate a defense against wrongful sexual assault charges but have concerns about forensic evidence, you can work with our San Diego criminal defense attorneys to break down the role of forensic evidence in sexual assault cases. We can then help you cultivate a defense that challenges the validity of the forensic evidence the prosecution brings against you.

What is Forensic Evidence?

California’s criminal courts distinguish between physical evidence and forensic evidence. The term “physical evidence” describes evidence found at an accident scene, including weapons and bagged substances. Comparatively, “forensic evidence” describes evidence that’s been processed in a professional environment.

For example, say criminal investigators find a knife at the scene of an arrest, and say that knife has dried blood on the handle. The knife and the blood constitute physical evidence. Once the knife and blood go to a crime lab for analysis, investigators can run tests to compare the knife to a victim’s injuries and the blood to standing medical records.

The findings brought forward after comprehensive lab testing constitutes forensic evidence in the eyes of California’s criminal courts. Other common forms of forensic evidence include the following:

• Reports comparing fingerprints from a crime scene to fingerprints in the state’s records
• Analysis of substances found on a person’s body at the time of their arrest
• Testimony from physicians and laboratory assistants about their findings

If you’re working with a criminal defense attorney after being arrested and charged with sexual assault, your attorney can figure out what forensic evidence the prosecution intends to integrate into their case against you.

How Can the Prosecution Use DNA in a Sexual Assault Case?

DNA is one of the most commonly-used forms of forensic evidence to appear in today’s sexual assault cases. DNA gathered from shedded skin cells, blood, and other bodily fluids can reveal who was present at the scene of a crime with little room for doubt. However, DNA is not the end-all, be-all of a sexual assault case.

Inaccurate DNA tests, or tests conducted without the appropriate protective measures put in place, can muddle guilty in a sexual assault case. What’s more, DNA found in highly-traffic places, like public bathrooms or clubs, may not reflect the reality of what happened between a “victim” of sexual assault and their accused.

Challenging Forensic Evidence in a Sexual Assault Case

While DNA and DNA testing have made revolutionary waves in the world of law, DNA matches don’t win sexual assault cases outright. DNA testing processes are sensitive and can go wrong. Moreover, the parties involved in a sexual assault case have to prove more than that you were present long enough at a scene to leave DNA behind.

Our team can argue that the parties involved in testing DNA at the scene of an alleged sexual assault failed to properly protect the samples from contamination or swapped scene samples with other, uncategorized DNA. Your criminal defense attorney can also argue that investigators failed to account for DNA found in common spaces.

Other Defenses Against Sexual Assault Charges

There are other defenses you can use to challenge findings brought forward during sexual assault cases in San Diego, many of which challenge the validity of forensic evidence presented to the court. The most common defenses include the following:

• Your possession of an alibi
• The victim’s inability to appropriately identify the party involved in their alleged assault
• False accusations from a victim

While it’s difficult to establish a defense based on consent, our team can determine the circumstances that have led to your case and determine whether or not the defense has a place in your fight. You can count on us to answer any questions you may have about the methods we use to determine which defenses may best protect your freedoms.

Attorney Dod Advocates For You

It can be frightening to find yourself contending with sexual assault charges, but there’s no need to panic. An experienced sexual assault defense lawyer in San Diego can walk you through the process of challenging the charges brought against you, even if the prosecution tries to use forensic evidence against you.

Attorney Dod believes that everyone deserves access to fair and comprehensive legal protections. If you need help challenging sexual assault charges and want to discuss possible defenses, you can book a free defense consultation with Dod Law today. Call (619) 814-5110 or contact Attorney Dod to get the legal support you need.