He Said, She Said: Finding the Truth
March 13, 2023
According to statistics from the FBI 2019 Crime in the United States report, there were 2,475 total reported rape incidents in Indiana. Under Indiana laws, a person may be arrested and charged with sexual assault for engaging in sexual conduct with another person through force or when the victim is unable to consent or unaware of the sexual activity.
However, most sexual assault and rape allegations are usually a matter of “he said, she said.” In order to convict the defendant, the persecutor must be able to prove the sexual offense beyond a reasonable doubt. If you’re facing false sexual assault or rape charges, hiring an aggressive Indiana criminal defense attorney is vital for clear legal direction and to help reveal the truth.
At Wruble Law LLC, we enjoy providing skilled representation and comprehensive guidance to clients in their sex crime cases. As your legal team, we can analyze the details of your case, educate you about what to do when accused of sexual assault, and strategize a solid defense to help fight your charges. Our firm proudly serves clients across Indianapolis, Hendricks County, Marion County, Boone County, Hamilton County, and Johnson County, Indiana.
He Said, She Said Testimony in History
Several years ago, corroboration was a requirement in many rape and sexual assault cases. This impediment required the judge to validate the truthfulness of the testimony provided by the victim or accuser with other available evidence.
Due to this, a woman’s testimony was not enough to bring sexual misconduct charges against a man unless corroborated. However, this corroboration standard only applies to sexual assault cases, but not physical assault, robbery, or other types of crimes.
Today, a woman’s testimony may be used to bring charges against the defendant involved in the sex crime incident. The defense attorney may try to dispute the facts of the case using contradictory evidence. However, the prosecutor may be able to convict the defendant by proving beyond a reasonable doubt that the defendant committed the rape or sexual assault offense.
Finding the Truth
In a rape or sexual assault case, both the victim’s and defendant’s testimony will have relevance. In fact, the victim’s testimony can be used to convict the defendant. However, in a case that involves he said or she said, a single person’s testimony may not be enough to reach a verdict. Other pieces of evidence, such as DNA or eyewitness testimonies and statements, will play a significant role in finding the truth.
To determine the credibility of the alleged victim’s testimony, the defense counsel might investigate whether there is a grudge, dispute, or motive to drive the testimony. In some situations, the accuser may have a personal reason to lie against the alleged defendant. Such reasons may include child custody, divorce, financial interests, or romantic revenge. Thus, the defense counsel will look for any proof of the accuser’s past to challenge the credibility of their testimony.
Additionally, evidence plays a significant role in finding the truth in rape and sexual assault cases. Such evidence may be physical evidence or testimonial evidence.
Physical Evidence: Physical evidence involves material items present at the crime scene or in the case that the judge can hold physically and inspect. Examples include bloody clothing and other personal belongings.
Testimonial Evidence: Testimonial evidence includes evidence provided by eyewitnesses, such as testimonies and statements, under oath. The eyewitness may need to get up on the trial stand and describe the events they heard or saw.
Another crucial element in sexual assault cases is DNA evidence. However, such DNA testing must be done by the victim immediately after the sexual assault to achieve an accurate result. If the victim fails to conduct DNA testing and report the crime as soon as possible, it may not be available.
Steps to Take If You Are Accused of Sexual Assault
If you have been falsely accused of sexual assault, here are some important steps to take:
Do not talk to the police, law enforcement, or any other person.
Hire an experienced attorney to help you understand the nature of your charges and represent you in your case.
Do not give any interviews or sign any statements.
Gather and document crucial evidence, including text messages, emails, and pictures.
Create a timeline of the events leading to your false accusations.
Document the events leading to your arrest and what happened while you were in custody.
Keep a low profile and stay away from social media.
Take photos of your injuries, if any.
Do not reach out to your accuser.
Start working on a list of witnesses.
Gather and document necessary evidence, witness statements and testimonies to build your case.
Avoid discussing your case details with anyone except your legal counsel.
A highly-skilled Indiana sex crime defense attorney can investigate all of the facts of your case thoroughly and outline a strong defense to help you achieve the best possible outcome.
Turn to Wruble Law LLC for Defense
Facing sexual assault or rape charges can be terrifying. Getting experienced guidance is crucial to protect your legal rights and avoid a wrongful conviction. At Wruble Law LLC, we have the diligence and expertise to represent and defend individuals who have been wrongfully accused of sexual assault or rape.
Using our in-depth legal understanding, we can help you navigate the Indiana criminal justice system. Our reliable attorney will fight aggressively to uphold your freedom, refute the allegations against you with factual evidence, and make sure those charges don’t ruin your life.
Contact us at Wruble Law LLC today to schedule a simple case assessment with a strategic criminal defense lawyer. We have the highly-personalized guidance and reliable representation you need in your case. Our firm proudly serves clients across Indianapolis, Hendricks County, Marion County, Boone County, Hamilton County, and Johnson County, Indiana.