When you are charged with a sex crime, investigators will often use DNA evidence to link you to the offense. While many assume DNA evidence is irrefutable, this is far from the truth. In reality, there are many ways to challenge the integrity of this evidence to help cast doubt on the prosecution’s arguments. If you have been charged with a sex crime, you must not take these matters lightly. Instead, it’s in your best interest to connect with an Oklahoma City sex crimes lawyer to help fight for you.
How Is DNA Used in Criminal Investigations?
When someone reports a crime like sexual assault or rape, the police will conduct an investigation that includes collecting DNA samples from the crime scene. This DNA can show that physical contact occurred and can be collected from a number of different locations after a crime has occurred. For example, investigators can find DNA evidence on the victim, bedding, clothing, and even trash.
Once carefully collected, the DNA samples will be sent to a laboratory to be processed. It is then run through a national system to see if there are any DNA matches. However, if the victim can positively identify the perpetrator and the police obtain a warrant, they can collect a DNA sample to directly compare to those gathered at the scene.
Can I Challenge DNA Evidence?
The use of DNA evidence in criminal investigations has changed the way that justice works. While this is undoubtedly a beneficial tool in holding perpetrators accountable, many incorrectly assume that DNA is always an exact science. In reality, many things can impact the integrity of a DNA sample, so understanding how to challenge the evidence against you is critical if you are charged with a sex crime in Oklahoma.
One of the most common ways to challenge DNA evidence is to question how investigators handled the evidence. When evidence is collected at the crime scne, you’ll find that they must follow strict steps to ensure the evidence isn’t tampered with. Showing that the sample was mishandled, stored incorrectly, compromised, or there is a gap in the chain of custody, can cast doubt on the sample’s integrity.
You can also challenge the presence of the DNA. As sex crimes center around whether or not the encounter was consensual, your attorney may not challenge the DNA samples that were present, as they may argue the relations you shared were consensual. However, they can also provide alternative explanations for the presence of your DNA, such as shared objects like blankets or pillows.
As you can see, challenging DNA evidence can be a daunting task. That’s why it’s in your best interest to connect with an experienced criminal defense attorney from the Jones Firm, PLLC, as soon as possible to discuss your legal options if you are charged with a sex crime in Oklahoma. Not only can a conviction result in serious penalties, but it can impact you for the rest of your life. When you need help, our team is ready to fight for you. Contact us today to learn how we can assist you when you’re facing a felony sex crime.