Proving sexual assault in California requires the prosecution to show that someone engaged in sexual conduct with someone who did not consent to the sexual contact. In many cases, sexual assault cases involve DNA evidence indicating that intimate contact occurred. Medical records from the alleged victim are also used in many sexual assault cases. Additionally, the alleged victim may testify regarding their lack of consent.
Find out more about sexual assault allegations in California with the Simmrin Law Group. We’re ready to answer your questions when you call
DNA Evidence Can Prove a Sexual Assault Occurred
Sexual assault refers to acts of non-consensual sexual contact. Sexual assault can refer to rape, forced oral copulation, sodomy, and penetration with an object. In some cases, individuals who engage in sexual conduct will leave behind traces of their DNA.
Many people think first of semen when they consider DNA evidence. This bodily fluid does contain DNA and is often released during sexual copulation. However, semen is not the only form of DNA evidence used in sexual assault cases.
Law enforcement officers can also gather other DNA evidence left behind after an alleged sexual assault. They may look for hair or pieces of skin left behind in an alleged attack. These pieces of evidence are often used by the prosecution.
Other Physical Evidence in Sexual Assault Cases
Many prosecutors rely on physical evidence to build sexual assault claims here in Los Angeles. The prosecution may use an alleged victim’s medical records. For example, medical records could show:
- Bruising or tears to an individual’s genital area
- Signs of defensive wounds on an individual’s arms or hands
- Other signs of a struggle, such as a black eye
In many cases, physical evidence is gathered in a “rape kit.” These kits are then prosecuted by labs that work with the prosecution in our area. You can learn more about this kind of evidence by calling
Witness Testimony in Los Angeles Sexual Assault Cases
Sometimes, there is not much physical evidence in sexual assault cases. The prosecution will often rely on the testimony of the alleged victim. Non-consensual sexual activity is against the law in California.
Note that individuals cannot consent to sex acts in some situations. For example, individuals are unable to consent if they are:
- Drunk or impaired by some illegal substances
- Asleep or unconscious
- Dealing with some mental conditions
- Under the age of 18
Additionally, some people consent to some sexual activities but revoke their consent for other actions. This could lead to criminal actions in California. However, it can be difficult for the prosecution to prove that someone did not consent to a sex act.
Often, this situation comes down to a “he said, she said” argument. One person may claim they did not consent, while the alleged attacker claims they had consent to engage in sexual conduct. This can make sexual assault difficult to prove in California.
Other Forms of Evidence in Sexual Assault Cases
There are many other possible forms of evidence used in sexual assault cases in Los Angeles. In many cases, the evidence will depend on the actions of both the alleged victim and perpetrator after a sex crime. The prosecution may look at:
- Admissions posted on social media after an alleged crime
- Video evidence from the scene of the alleged attack
- Witness testimony from people who saw the event
Note that these are only examples of evidence used to prove sexual assault in some cases. The exact forms of evidence can vary on a case-by-case basis in our area.
How We Work to Disprove Sexual Assault Allegations
A sexual assault lawyer in Los Angeles can help if you are accused of a sex crime. Members of our team can work to show that you did not commit sexual assault. We can take steps to block the evidence used by the prosecution.
Our team can also work to show that you engaged in consensual sexual activity. We may even argue that you were falsely accused of sexual assault in Los Angeles. This can allow us to:
- Get your charges reduced
- Get your charges dismissed
- Defend you in court
Find out more about how we can help by reaching out to a criminal defense lawyer in Los Angeles right now.
Call a Lawyer for Help Fighting Sexual Assault Charges
The prosecution can use physical evidence, DNA test results, and witness testimony when trying to prove sexual assault. The team at the Simmrin Law Group can work to prove that you did not commit sexual assault. Let us get to work for you now. Just call