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What If There Are No Witnesses Or Evidence In A Sexual Battery Case?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

One of the most frequent questions I’m asked about sex offenses is what to do if there are no witnesses or evidence. Someone will be under investigation or may have already been charged for some type of sex offense, and they are absolutely mystified because they think that there is no evidence. But in fact, there is evidence in sexual battery cases without the need for DNA, video recording, audio recordings, fingerprint evidence, blood spatter or any other kind of scientific evidence. That is simply because testimony is evidence. This is critical to understand. In most sex offense cases, it is not uncommon for the complaining witness to report an allegation of sexual impropriety long after the event has occurred. This invites attacks on the credibility of the accuser, but it is something that the prosecution is well prepared for. The prosecution spends a lot of time preparing their complaining witnesses for on-the-stand testimony.

The mere fact that someone makes an allegation of sexual battery and swears to it as an oath is enough probable cause to have someone arrested for that crime. Quite often, a large number of these “he-said, she-said” cases are finding their way into the press. As a result, they have become one of the most politicized areas of criminal law. I cannot tell you the number of times that I have seen more than half a panel of jurors raise their hands when asked, “Is there anyone here who would not be able to give the defendant a fair trial based on knowing the charge alone?”

When this has happened to me in the past, I always move to strike the panel. Yet in my entire career, no judge has stricken a panel simply because a large number of people have said that they could not be fair to the defendant. This is an important consideration when looking at the trial of a particular case that’s based on testimony only. It’s critically important to understand the potential motivation behind a false allegation, or else to understand why someone simply made a mistake about what happened.

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just like talk to text on your smartphone, there may be misspelled words or sentence fragments.

For more information on Witnesses & Evidence In Sexual Battery Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 850-423-0035 today.


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What Actually Is Sexual Battery In Florida?

Disclaimer: This article is in response to questions frequently asked of Mr. Cobb and is an unedited dictation transcript. Just…

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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