What Virginia Prosecutors Need to Prove in Sex Crime Cases

In order to convict someone of a sex crime in Virginia, the State needs to prove the elements of the case, which depend on the type of case. There are many sex crimes in Virginia, each with their own set of elements.

In many cases, it needs to be proven that some use of force or threat of force was used, and in many cases it involves children and they need to prove age of the victim. In other cases they need to prove serious bodily injury or serious mental injury. Some cases they need to prove whether a deadly weapon was used. Some cases they need to prove that there was a lack of consent if the defense is claiming that the intercourse or act was consensual. There are many different things they have to prove and many different ways that they have to prove this. For this reason, if you are accused it is important you consult with a Virginia sex crimes lawyer who can take a look at your case and develop a strong defense based on the specific evidence.

What Evidence Is Used in Virginia Sex Crime Cases?

Well, in a rape case one of the principal things they’ll be looking for is the rape kit, if there is one, where evidence is collected from the victim shortly after the offense has been allegedly committed. From that victim they may be able to procure DNA or hairs or clothing fibers, anything like that obviously would be used in a case like a rape case.

On the other end of the spectrum, if we’re talking about solicitation, they would need to prove that a person agreed to contract for sex, paid money for that event and performed some substantial act in furtherance of that contract. Those are the kinds of different cases and kinds of different evidence that sometimes need to be presented.

What Do Defense Attorneys Look For In Sex Crime Cases?

Well, again, every case is different and it depends on what the person is charged with under the statute and depends on what the facts pattern is that’s alleged by the government. Clearly, defense attorneys are going to want to get their clients’ side of things and want to know:

  • What is it that he or she is saying happened at the time the offense is committed?
  • Does he or she have an alibi?
  • Was the act it consensual or not?

Those are all things that are absolutely relevant toward mounting a defense.

Contact Steve Duckett Defense Attorney Today

One aspect of my practice that I take pride in is the fact that I’ve been doing this for close to 17 years here in north of Virginia. There’s not much that I haven’t seen and some of these allegations require a strong stomach, a strong will, and the ability to focus on the work that needs to be done.

In many cases, either emotional situations with emotional victims or situations with serious allegations, the client has a lot to lose. If he or she is represented by somebody who can get caught up in the emotions of all of this then it’s not going to go as well for them. You want your attorney to focus on the case and to compartmentalize the entire periphery that’s going on around it so as to focus on the needs of his or her client. I believe this is a great asset.