In order for a person to be convicted of a sex crime—or any criminal offense—the prosecution must present evidence to prove that you are guilty beyond a reasonable doubt. In some cases, the evidence that supports your innocence may show that you are actually or factually innocent. In these cases, it is likely that the case against you will be thrown out.
One of the most important factors in proving factual innocence is DNA. DNA evidence can be taken at the scene of the crime or from the alleged victim in instances of sexual assault.
If the DNA found at the scene or on the victim does not match the DNA of the accused, it is unlikely that he will be convicted. DNA evidence is so powerful that it is even used in cases where the defendant was convicted years before DNA evidence was used. Many of these older cases are being appealed through writs of habeas corpus once the defendant’s innocence has been proven.
You may be surprised to learn that the wrong person can be accused of or even arrested for a sex crime, simply due to a case of mistaken identity. If this has happened to you or someone you care about, contact an experienced sex crimes defense attorney immediately.
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