What Defense Tactics Can Be Employed When There Is No Physical Evidence in a Missouri Rape Case?

Sexual Assault Charges Have Massive Repercussions

Rape is undoubtedly a serious crime. This is evidenced by the fact that individuals convicted of the crime in Missouri could face life in prison under certain circumstances. Unfortunately, such penalties are sometimes handed down unfairly — even without proof. So, what defense tactics can be used when there’s no physical evidence in a Missouri rape case?

This might sound like a confusing question. After all, should a person ever be convicted when there’s no physical evidence of their guilt? Regardless of whether it should happen, the fact is that it does happen. Whether it’s charges of rape, child sex crimes, or other alleged offenses of a sexual nature, there are proven legal strategies for avoiding a conviction.

Questioning the Motive and Credibility of Witnesses

When there’s no physical evidence in a Missouri rape case, convictions typically rely on witness testimony. It’s up to the defense to raise doubts about witness motives and credibility. In most of these cases, it comes down to “he said, she said” — and this means casting reasonable doubt on the story of the alleged victim.

For instance, the defense could bring up potential motives for false allegations. Perhaps it can be proven that the accuser has a personal vendetta against the accused. Maybe the two experienced relationship issues, or there’s a chance that false allegations could be used to improve one’s position in divorce or child custody cases.

It’s also worthwhile to bring up any history of false accusations levied by the alleged victim. Each of these strategies often proves successful as a defense tactic in Missouri rape cases where there is no physical evidence.

Focus on Inconsistencies

Any inconsistencies in the accuser’s story could be used to challenge their reliability. This isn’t just true for inconsistent stories told on the witness stand. It also applies to what the alleged victim previously told police, medical professionals, and even friends and acquaintances. Any deviation from the initial story will seem suspect.

In these cases, the defense should create a timeline analysis to review any testimony by the accuser or witnesses — along with known facts of the case. For instance, what if the alleged victim claims a rape occurred at their home, but surveillance footage proves factually that the accused individual was across town at that moment?

Clearly, this would be disastrous for the State’s case — so any inconsistencies in the narrative should be a primary focus.

Highlighting the Lack of Corroborating Evidence

It’s rare for someone to be convicted of rape based solely on the word of the accuser. Defense tactics in Missouri rape cases where there’s no physical evidence and no corroborating evidence will likely not be needed. Because in those situations, an experienced attorney will likely be able to have the charges against their client dismissed.

Corroborating evidence is key for the prosecution if they want the accused to face penalties for rape. Such evidence could include other eyewitnesses, physical injuries, or forensic findings. If such evidence does not exist, then the defense can portray this as proof that reasonable doubt exists. Once that’s accomplished, a conviction becomes far less likely.

Pointing Out Bias or Procedural Issues

In the criminal justice system, the police and prosecutors are expected to uphold certain professional standards. They must do their work within the confines of constitutional authority, and they cannot seek an outcome that’s contrary to justice. Unfortunately, these requirements are very frequently brushed under the rug in an effort to achieve a guilty verdict.

A defense against Missouri rape accusations where no physical evidence exists should include pointing out if the prosecution was overly eager to pursue charges — so much so that they ignored exculpatory evidence or inconsistencies in the alleged victim’s statements. A strategic defense strategy will also focus on revealing if the defendant’s rights were violated at any time.

Illegal searches, improper interrogations, and similar violations of rights could result in complete exoneration.

Presenting Expert Testimony

Juries love to hear expert testimony. It helps them put the information they’re given into context. For instance, an expert witness could testify on factors related to memory liability, false allegations, or the psychological impact of trauma. Testimony about these factors could point out potential issues with the accuser’s recollection or motivation.

This isn’t some shot-in-the-dark, desperate attempt at avoiding a conviction. There have been cases where rape victims were certain they remembered the face of their attacker, but years after being wrongfully imprisoned, the defendant was released when DNA evidence proved they were not the culprit. Such travesties of justice are not uncommon.

In addition to testimony regarding victim motivation and recollection, defense attorneys often bring in investigative method experts. These individuals can question how the police handled the case. This often includes pointing out potential bias, improper interviewing techniques, or contamination of the accuser’s statements (e.g., planting ideas during questioning).

Do You Need an Attorney?

Very often when someone is accused of a crime, they’ll ask whether they need to hire an attorney. This question is common for many reasons. In some instances, the defendant simply believes they have no way of avoiding a conviction. When it comes to rape cases, they might think there’s no chance of a conviction due to a lack of physical evidence.

Unfortunately, these assumptions are often inaccurate. In many cases, individuals charged with serious crimes could secure more favorable outcomes by working with a criminal defense lawyer. The simple fact is the police and prosecutors will do everything in their power to obtain a conviction, and unfair convictions happen all the time.

You need an equally vigilant legal advocate on your side. There are plenty of ideal defense strategies when there’s no physical evidence in Missouri rape cases, and at Loraine Law Center, we’ll help you identify which approach is best for your case. Contact us at 573-284-3048 to schedule your free 30-minute consultation.