9 Ways to Prove Sexual Assault Without Physical Evidence

September 5, 2024    criminaldefencelawyersperthwa
9 Ways to Prove Sexual Assault Without Physical Evidence

Investigating sexual assault is always a tricky aspect, and to precisely prove a sexual assault happened is indeed a challenging task. But why is it so hard to prove? Quite frankly, there are quite a few reasons behind it, the big one being almost 63% of occurrences are not even reported to the police station (as per a report).

Now, there are quite a few reasons why victims do not go forward to report the issues to the police. Some people do not come out to report the person because they lack belief in the justice system. However, it is never too late to consult with a sexual assault lawyer Perth, as they will assist you until your issues are resolved.

In this blog, we will look at some ways to prove assault without the need for any physical evidence. But, before that, let us understand a few things.

Can sexual assault be proven without any physical evidence?

All the reputed assault lawyer Perth agrees that a very common misconception is that investigators and authorities require forensic evidence to prove any assault. That is not particularly true. What is true is that the investigation and prosecution of these crimes are time-intensive and challenging processes.
Initially, reports of sexual assault appear to be circumstances in which it is one individual’s word against another’s. Experienced police investigators are accustomed to such scenarios and understand that forensic evidence may be available to help prove the allegations.

Here is how they can proceed to prove sexual assault:

  • During the interview, suspects are questioned from a data-gathering perspective instead of being burnt to interrogation methods.
  • The investigators documented each detail regarding the allegation, emphasising the history of the complainant’s and the accused’s relationship.
  • Circumstantial proof is obtained throughout the time of the enquiry. For instance, investigators will check for changes in the behaviour patterns of the suspect and the victim. Has there been a change in the routine? If they are there in school, did they withdraw from any groups or miss any class?
  • The investigators will attempt to prove there were elements of fear or threats from either the victim or the suspect.

Nine tips to prove sexual assault without physical evidence

Here are nine tips on proving the crime without any physical evidence that every top criminal lawyers Perth want you to know:

1. Practice interview techniques like victim debriefing and adopt a ‘data accumulating’ versus interrogation approach to suspect interviews to obtain information. Understand the physical features of the alleged victim.

2. Everything needs to be documented in one place from their first meeting to the last.

3. From their first meeting to the last, the accumulation of circumstantial evidence at the time of investigation, such as a prompt behaviour change from the alleged victim, must be noticed.

4. Consider attempting to find elements of threat, force, and fear if present from either party.

5. The professionals will look for a serial pattern of behaviour from the accused by getting in touch with others who may or may not been victimised by the individual while being careful not to marginalise the accused.

6. Conduct an extensive investigation to corroborate evidence, such as cell phones and social media.
They will also evaluate the requirements of a search warrant.

7. Experts may consider the utility of a pretext phone call to accumulate evidence from the accused.
Identify and get in touch with any outcry witnesses.q

Witnesses

It is indeed true that there are rarely any witnesses when it comes to a sexual assault case. Frequently, they happen in scheduled locations and houses, with perpetrators taking the initiative left and right not to be caught or seen.

However, witnesses may sometimes be relied upon to offer statements regarding things they saw that might strengthen the victim’s account.

Conclusion

With that, we finish our blog here today. Since you are reading this far, you are now aware of how a sexual assault lawyer Perth can prove the crime without any evidence. If you or a near one has been embroiled in such a case, hiring a reputed and reliable lawyer will be the first thing to do.
Make sure you do your due research cautiously and check reviews of different firms online before selecting the best lawyer for you.

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  • Very good lawyers

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