Somerset Sex Crimes Investigations
There are many different aspects that make up a sex crime investigation that may be unique compared with investigations for other offenses. With this in mind, it is important to consult with a Somerset sex crimes lawyer who has experience with how these investigations are conducted and can help mitigate the damage. To learn more about what you should expect if charged with a sex crime and how to protect yourself and your reputation, call and schedule a consultation today.
Unique Aspects of Sex Crime Investigations
Investigation in a sex crimes case can often be forensically driven, making it unique from the investigation of other types of crimes. There is even an entire forensic science devoted to performing examinations on sexual assault victims, and nurses who perform these types of examinations have had to attend very specialized training in order to conduct them.
The whole basis of these examinations involves showing signs of physical force to prove a lack of consent. It is an investigation that is unique to sex crimes, because it involves attempting to get the defendants to make some of admission about his or her conduct.
Recording Phone Calls
Generally speaking, in Maryland, you cannot record your conversation with another individual unless you have the other individual’s consent to make a recording. There is, however, an exception that is created for law enforcement: if law enforcement is investigating particular types of crimes, they are allowed to record telephone conversations without the defendant’s knowledge.
With this said, in sex crimes cases, it is not uncommon for the police to have the victim make a telephone call to the defendant. That phone call is then monitored and recorded by the police as they give some guidance to the victim about generally what to say to get the defendant to make some sort of incriminating statement.
By conducting this type of investigation, the law enforcement is attempting to get the defendant to admit that the incident took place, or to get the defendant to make some sort of statement about his knowledge of the victim’s physical helplessness or mental incapacitation at the time of the incident. These types of investigations and particular strategies are most often used in the investigation of sex crime allegations.
Investigations Involving Children
There are extremely unique hearsay exceptions that apply to sex crime investigations involving child victims. If everything is done in accordance with the statute, there is a statute that allows a witness to testify about the statements made by a child victim. In nearly every other kind of case, the victim himself or herself would have to appear in court, testify, and be subject to cross examination at the time of the trial.
In a child-related sex offense case, however, there can be a whole separate hearing where the judge could rule potentially that another individual, like a social worker for example, is allowed to testify to the child’s entire statement, which would then be evidence that the jury would hear.