Have the police arrested you for a sex offense in Missouri or Illinois? You may have questions about what to expect when the state presents its case at trial. Prosecutors vigorously pursue convictions in sex crime cases due to the serious nature of these offenses, and may present various types of evidence to prove a defendant’s guilt.
Victim Testimony and Witness Statements
Many sex cases turn on testimony from alleged victims and other corroborating witnesses. Having an alleged victim recount the defendant’s alleged conduct can help convince a jury of the defendant’s guilt. Prosecutors may also present testimony from family members and friends to corroborate the alleged victim’s testimony or to testify about surrounding circumstances, such as the victim’s behavior after the alleged crime or how the victim disclosed the crime to others. The prosecution may also present testimony from medical professionals to explain how the injuries on the victim came from a sexual offense.
The strength of victim and witness testimony can depend on the credibility with which they testify and how well the defense cross-examines victims or witnesses to challenge their credibility or highlight inconsistencies in their testimony.
Physical and Forensic Evidence
The prosecution’s case may also depend on forensic or other physical evidence, such as evidence collected from a rape kit (i.e., fingerprints, hair, DNA). Prosecutors may also present photographs and medical records to document physical injuries sustained by an alleged victim, including bruises, lacerations, broken bones, or strangulation injuries. The prosecution may test forensic evidence to show that the defendant contributed the evidence, such as matching fingerprints found on the victim or at the scene to the defendant or showing a high probability that the defendant provided DNA found at the scene or on the victim.
Digital and Electronic Evidence
Prosecutors might also rely on digital and electronic evidence to corroborate their case. Evidence like text messages, emails, social media posts, GPS data, or cell tower logs can help prove facts supporting a defendant’s guilt, such as showing a defendant’s opportunity or motive to commit the alleged crime. Messages from the defendant may also support an inference of their consciousness of guilt (e.g., sending apologies to the victim).
Expert Testimony
The prosecution may need testimony from various experts to help explain technical or scientific concepts to the jury. For example, medical examiners may opine as to how an alleged victim’s physical injuries likely occurred due to sexual assault. Experts can also testify about the forensic testing performed on DNA or other evidence to support the reliability of the scientific evidence. Finally, prosecutors may need psychologists and other mental health experts to explain sexual assault victim behaviors, such as delayed reporting or ability to recall events.
Prior Conduct and Character Evidence
Evidentiary rules in Missouri and Illinois limit the parties’ right to use evidence of prior conduct or character evidence. For example, the rules place limits on prosecutors’ use of a defendant’s prior bad acts. Under Article I Section 18(c) of the Missouri Constitution, prosecutors may also use such evidence to corroborate a victim‘s testimony or demonstrate a defendant’s propensity to commit the charged crime. Under Illinois Supreme Court Rule 404, prosecutors may use such evidence to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
The rape shield laws of Illinois (725 ILCS 5/115-7(b)) and Missouri (RSMo 491.015) also generally prohibit defendants from presenting evidence of a victim’s or witness’s prior sexual conduct, except under limited circumstances.
Contact a Sex Crime Defense Lawyer Today
Following an arrest for a sex crime in Missouri or Illinois, knowing what to expect in the prosecution’s case at trial can help you prepare an effective defense strategy. Contact Frank & Juengel Law Group P.C. today for a free phone consultation with a criminal defense attorney to discuss how we can support you and protect your rights.