Legal Defense Strategies For Washington Sex Crime Cases

A prosecution for an alleged sex crime can have a devastating effect on a person’s life, leading not only to the risk of jail or prison, but also significant public stigma. The possibility of lifetime mandatory registration as a sex offender can extend punishment long after a person has paid their debt to society. Defending against a sex crime case requires the help of a skilled and experienced Washington sex crimes defense attorney. We have years of experience representing defendants accused of sex offenses and have developed a wide array of defenses to help you understand the process and protect your rights.

Exercise Your Right To Remain Silent

Prosecutions for alleged sex crimes frequently rely on witness statements, including the defendant’s own statements to police or others. DNA evidence may be a mainstay on television police shows, but it is not a factor in a large number of real cases. A person might have the seemingly reasonable instinct to try to “clear their name” by talking to the police, child protective services investigators or other officials. But this can hurt a defendant far more than it is likely to help, as law enforcement can twist words to fit the case they want to make.

Use A Polygraph To Your Advantage

A polygraph, or “lie detector test,” is rarely admissible at trial, but it is still a common tool used by law enforcement to establish probable cause for a search warrant or arrest. Police polygraphs often serve as a way of eliciting incriminating statements instead of truthful statements. A private polygraph examiner, retained with the assistance of a defense attorney, is far more likely to conduct a fair examination, and produce results that might convince law enforcement to look elsewhere.

Challenge The Forensic Evidence With Your Own Experts

DNA evidence is increasingly common in criminal prosecutions and appeals, as newer and more sophisticated techniques for collecting, testing and preserving DNA evidence continuously develop. The law is always in the process of catching up to new DNA testing technologies. Making effective use of this type of evidence in your case requires the help of a Washington sex crimes defense lawyer who understands both the law and the science of DNA evidence. We will carefully review the chain of custody of DNA evidence used in your case and rigorously challenge any possible defects in how the state handled the evidence. We can also help you seek additional testing of DNA evidence in support of your defense or appeal.

How Does DNA Testing Work?

Deoxyribonucleic acid, or DNA, is a compound found in every cell of the human body, providing the blueprint for individual characteristics like hair and eye color. Each person has a unique DNA code, which can be identified using biological samples like hair, skin flakes, saliva or semen. Police collect DNA evidence while investigating an alleged offense. In the case of an alleged sex offense, this might include a “rape kit” collected at a hospital, or materials collected from an alleged victim’s person or possessions, the scene of the alleged crime, or suspects under investigation.

Unfortunately for defendants, the state generally maintains custody of DNA samples. Defendants have little recourse against the state if samples are ruined because of storage errors like refrigerator failure.

Use Of DNA Evidence During Prosecution

DNA evidence, once collected by the police, requires careful handling and storage in order to avoid contamination or spoilage. This includes carefully documenting a sample’s chain of custody. Defects in the chain of custody or damage to a sample could result in a court ruling test results inadmissible.

DNA test results could serve as evidence of guilt or as evidence raising reasonable doubt. Either side in a criminal trial can challenge the reliability or admissibility of DNA evidence.

Challenging A Conviction With DNA Test Results

Washington law allows a person who is incarcerated for a felony conviction to submit a request for new DNA testing to the court that entered their conviction if new DNA evidence would be material to the identity of the perpetrator or an accomplice or would provide other new and relevant information about the offense. The motion must state that the court did not admit DNA evidence at trial based on the test’s failure to meet “acceptable scientific standards,” that testing technology was inadequate at the time of their conviction, or that a new test is likely to produce more accurate results or “significant new information.”

Consider The Source Of The Accusations

In some sex crime cases, the accuser’s motives or credibility are very important to the strength of the state’s case. If the accuser has a history of making accusations against the defendant or others, it calls that person’s reliability as a witness into question. The relationship between the accuser and the defendant is highly relevant, bringing up questions of how the accuser might benefit from a criminal charge against the defendant. Calling the accuser’s credibility into question may call the state’s entire case into question.

Issues Related To The Reliability Of Child Testimony

Children present multiple difficulties with regard to evidence in a criminal case. They may have difficulty remembering details that the state must prove, or they may be too young to understand the situation. Children may be susceptible to the suggestions of child welfare workers or others during questioning about an alleged sex offense. Some studies have shown that young children may respond to questions during an investigation in a way that seems to please the questioners more than in a way that accurately reflects their own memories. In extreme cases, social workers and others have been accused of directing children’s answers, such as in the “false memory” scandals of the 1980s.

Watch Out For Influence Over Child Witnesses

Child witnesses present a particular challenge in a sex crime case. A defense attorney must be careful to conduct a thorough review of the child’s allegations and circumstances while considering the sympathy a jury, and the public, is likely to have for the child. Problems with memory or difficulty in understanding the proceedings could affect a child’s testimony. Children may be susceptible to suggestions by parents, guardians, social workers and others that could call the reliability of their testimony into question.

Competency Requirements For Witness Testimony

State and federal evidence rules require witnesses to be competent, meaning that they understand the difference between “true” and “false,” are prepared to give truthful testimony, and are capable of accurately remembering and describing the events they witnessed. Children generally have these abilities past a certain age but may require assistance in communicating with the court. The U.S. Supreme Court has held that leading questions may be permissible when questioning children regarding abuse claims. Idaho v. Wright, 497 U.S. 805 (1990).

Defendant’s Right To Confront Witnesses In A Criminal Trial

The Sixth Amendment to the U.S. Constitution guarantees a defendant the right “to be confronted with the witnesses against him.” Confronting a child witness can be a difficult prospect, given the child’s own possible issues with memory or trauma and the tendency of a jury to sympathize with a child over a defendant in almost any circumstance.

Child Testimony In Washington Sex Crimes Prosecutions

Washington law provides protections for children who, according to the state, suffer further trauma by testifying in a sex crimes case in the presence of the defendant. Under strictly-controlled circumstances, which require court approval after a hearing outside the presence of the jury, a child may testify from outside the courtroom via closed-circuit television. This situation requires a very careful response by a defendant’s attorney.

Suppress Any Evidence That Violates The Law

Evidence collected by police in violation of a defendant’s rights, such as through a warrantless search, is subject to a motion to suppress by the defense. Evidence that has been damaged, contaminated or otherwise compromised should also be rejected by the court. A defendant has the right to confront their accusers and review the evidence the state plans to bring against them. Protecting these rights requires a vigilant and aggressive defense.

Providing Free Consultations To Clients In Washington

Individuals have rights during all parts of a criminal case, from an initial investigation through post-conviction proceedings, as guaranteed by the U.S. Constitution and secured by local, state and federal law. To further guard against possible abuses by police, prosecutors, judges and other officials, you should consult with an experienced Washington criminal defense lawyer at all stages of the criminal process. Vindicate Criminal Law Group has defended people in sex crimes cases throughout Washington, particularly Tacoma, Vancouver and Kent, since 1998. Contact us today for your confidential case evaluation, or call 855-898-2542.