Evidence is the strongest basis for determining whether a defendant is guilty or innocent. Without enough evidence, criminal charges may be dismissed. Such was the case with one of the charges against Larry Bowes, a rape trial defendant.
“In all, Bowes faces three counts of first-degree rape of a child, six counts of first-degree sex offense of a child, and four counts of indecent liberties with a child.
An additional charge of first-degree exploitation of a child, alleging that Bowes created child pornography, was dismissed for lack of evidenceMonday during pre-trial hearings. Abernathy found the state couldn’t prove where the file originated or who was shown in the photo.”
In the Times-News article, court news reporter Michael Abernethy further writes: “Under state law, each side in a criminal case is required to provide the other with evidence it collects.” This rule gives both sides the time to study the validity of a piece of evidence. While Bowes’ case may be under the North Carolina jurisdiction, similar rulings on evidence presentation apply under Texas laws.
Another common sex assault counter-argument centers on the issue of consent. The defendant may admit to the sexual act but prove that the complainant gave consent. This is often done through witnesses’ testimonies, and perhaps, even from the complainant’s own statements on social media sites and other public forums. Consent sometimes negates a criminal charge, since acting against the complainant’s will is the fundamental basis for some types of sexual assault.
The prosecution may also present its evidence to prove an allegation. However, evidence may be rendered inadmissible in court if a search and seizure law was violated in obtaining the evidence. Take, for instance, a case in which the accuser claims to have been drugged. Even if the drug is found on the defendant’s premises, it may not be used against the defendant if its seizure was not done in accordance with search and seizure law.
A reputable Houston sexual assault lawyer, such as those at Scheiner Law Group, P.C., will determine the kind of evidence needed to advance a client’s defense. With an extensive background and knowledge in sexual assault defense law, the lawyer may devise a strong defense strategy that can fully protect the clients’ rights.
(Source: Defense in rape trial accuses D.A.’s office of delaying evidence, Times-News, March 31, 2014)