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Credibility Evidence in Texas Child Sex Crime Cases

Sex crime cases—especially those that involve children—are extremely complicated. In order to prove the defendant’s guilt, the prosecution will bring a tremendous amount of evidence to court, which may include witness testimony and physical evidence. It is up to the defense to find issues with the prosecution’s case and potentially disprove the credibility of the evidence.

What is Credibility Evidence?

The credibility or trustworthiness of a child witness is something that the prosecution will work to establish and that the defense will work to discredit. Known as credibility evidence, each side is allowed to present the following:

Prosecution:

  • Signs or symptoms the child exhibits that are indicative of abuse
  • Physical evidence that corresponds with the child’s claims
  • Testimony from an expert witness that shows that even though the witness is a child, he or she is able to remember and accurately talk about the event alleged in the case

Defense:

  • Testimony that the child has a history of being dishonest
  • Testimony that the child has a tendency to make up stories and difficulty distinguishing reality and fantasy
  • Testimony that the child is easily manipulated and that a third party manipulated the child into making allegations
  • Testimony that the child suffers from a mental or physical impairment that could impair his or her memory
  • Testimony that the child has a motive to make the story up.

Help With Evidence in Your Case

To learn more about credibility evidence and how it may come into play in your sex crime case, schedule a free and confidential case review with The Law Offices of Ned Barnett today.


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