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In some cases of alleged sexual offenses, the testimony alone of alleged victims can be enough to convict alleged offenders. Prosecutors, however, still prefer to have as much evidence as possible to support pursuing criminal charges in such cases.
Even when there might be physical evidence that connects an alleged offender to the scene of an alleged sex-related crime, it does not necessarily prove that certain sexual conduct was not consensual or that there was even any sexual conduct. People who are accused of sexual offenses need to understand the many challenges that exist in defending against criminal charges in these cases.
Were you recently arrested or do you think that you might be under investigation in Central Ohio for any kind of alleged sex crime? You should not say anything to authorities without legal counsel. Contact Joslyn Law Firm right away for help protecting your rights.
Brian Joslyn is an experienced criminal defense attorney in Columbus represents clients in communities throughout Delaware County, Fairfield County, Franklin County, Licking County, Madison County, Pickaway County, and Union County. Call (614) 444-1900 right now to schedule a free initial consultation that will allow our lawyer to provide a full evaluation of your case.
The one form of evidence that generally applies to all sexual offenses is the testimony of the alleged victim. In some cases, prosecutors may also have the statements of witnesses to the alleged offenses.
Even when an alleged victim decides that he or she no longer wants to assist a prosecutor in pursuing criminal charges, the prosecutor may still move forward with the case when there might be enough evidence to convict the alleged offender. Some of the most common types of physical, forensic, or biological evidence in sexual offense cases includes, but it not limited to:
Again, many of these types of evidence are not necessarily evidence that a sex crime was committed. Alleged victims can easily have various forms of circumstantial evidence that indicates there was sexual conduct between him or her and an alleged offender, but it is not proof beyond a reasonable doubt that that the sexual conduct was not consensual at the time of the alleged offense.
When a person is accused of a sexual offense in Ohio, his or her criminal defense lawyer is prohibited from using an alleged victim’s promiscuity to challenge the credibility of the claims. An attorney, however, may still be able to raise many other possible defenses if the alleged offender has been falsely accused of a sex crime.
A few of the most common defenses in cases of alleged sexual offenses include, but are not limited to:
Every case is different, and there may also be affirmative defenses to certain sexual offenses in which alleged offenders essentially admit to having committed the acts in question but the acts cannot be considered crimes.
Ohio Rules of Evidence | Supreme Court — Article IV § 5(B) of the Ohio Constitution gives the Supreme Court of Ohio the authority to “prescribe rules governing practice and procedure in all courts of the state.” The Rules of Evidence were promulgated by the Supreme Court and became effective on July 1, 1980. You can view the full text of rules relating to witnesses, hearsay, and expert testimony.
State v. Boggs (1992), 63 Ohio St.3d 418, 421, 588 N.E.2d 813 — In 1992, the Supreme Court of Ohio reviewed this case involving the issue of whether the rape shield provisions of Ohio Revised Code § 2907.02(D) prohibits a defendant from cross-examining an alleged rape victim about prior false rape accusations she is alleged to have made. The Supreme Court ruled that the state’s rape shield law “prohibits only evidence of ‘sexual activity’ of the victim.” “Because prior false accusations of rape do not constitute ‘sexual activity’ of the victim, the rape shield law does not exclude such evidence,” the Court ruled.
If you believe that you could be under investigation or you were already arrested for an alleged sexual offense in Central Ohio, it is in your best interest to immediately seek legal representation. Joslyn Law Firm aggressively defends clients in Grove City, Hilliard, Reynoldsburg, Upper Arlington, Westerville, Whitehall, Worthington, Bexley, Dublin, Gahanna, and many surrounding areas of Franklin County.
Columbus criminal defense attorney Brian Joslyn has been nominated as a Top 100 Trial Lawyer in the country by the National Trial Lawyers Association and was selected one of Central Ohio’s “Top Lawyers” by Columbus CEO Magazine. He can review your case and help you understand all of your legal options when you call (614) 444-1900 or submit an online contact form to take advantage of a free, confidential consultation.