Sex Offense Experts
Why defense experts can be the most important part of a case.
Facing a sex offense charge in Ohio? Learn how expert witnesses can make or break your defense. Toledo criminal defense attorney Brian C. Morrissey explains why experts are essential in fighting false accusations.
The Government’s Built-In Advantage
When a person is charged with a crime, the government already has a significant head start. By the time charges are filed, prosecutors have often spent weeks, months, or even years investigating the case. They have access to the full resources of law enforcement — local police, state investigators, and, in federal cases, agencies like the FBI. These investigators can interview witnesses, gather physical evidence, and execute search warrants long before the defense ever has a chance to respond.
For defendants, this imbalance can feel overwhelming. The playing field is far from level — and in sex offense cases, that imbalance becomes even more pronounced.
Why Sex Offense Cases Are Especially Difficult
Sex offense cases are uniquely challenging. The nature of the accusations alone can bias jurors before a single piece of evidence is presented. Prosecutors often call upon experts — such as nurses, forensic interviewers, or therapists — to lend credibility to the accuser’s story.
When an expert testifies that an alleged victim’s behavior “is consistent with” someone telling the truth, that testimony can carry enormous weight. Without a qualified defense expert to challenge those claims, the jury may accept them at face value.
Why the Defense Must Have Its Own Expert Witnesses
Having a defense expert is not a luxury in most cases — it’s often essential. In sex offense cases involving children, for example, a forensic interviewing expert can explain how improper questioning techniques can lead a child to make false or exaggerated claims.
Similarly, a DNA expert can critically examine the government’s lab reports to determine whether the evidence truly implicates the defendant — or whether contamination, trace DNA, or misinterpretation may have occurred.
Even when a defense expert doesn’t testify in court, they play a crucial behind-the-scenes role:
- Helping the attorney understand the technical aspects of the evidence.
- Identifying weaknesses in the prosecution’s scientific claims.
- Crafting effective cross-examination questions to challenge the state’s experts.
No attorney can be an expert in every scientific field. That’s why working with qualified experts can make the difference between conviction and acquittal.
Real-World Example
In one of my cases, a client was accused of inappropriately touching a minor. The government’s DNA expert testified that they could not “rule out” my client’s DNA. However, after having materials from a DNA expert, we learned to ask the right questions and demand full disclosure of the testing data.
The results revealed multiple male DNA profiles — not just my client’s. This critical information demonstrated that the government’s conclusion was unreliable. The case went to trial, and the jury returned not guilty on all charges.
Challenging the Government’s Experts
A skilled defense attorney doesn’t just present their own experts — they can also challenge the prosecution’s experts. Under Ohio law, experts can be excluded from testifying if their opinions are:
- Based on unreliable science,
- Lacking proper credentials or documentation, or
- Irrelevant to the specific facts of the case.
It is possible to keep the government's experts out when they are irrelevant to the main issue in the case, or are simply there to bolster the credibility of an accuser.
The Bottom Line: Level the Playing Field with Expert Support
Expert witnesses can be pivotal in sex offense defense cases. They help jurors understand complex issues and expose weaknesses in the state’s evidence. Whether through forensic science, psychology, or interview analysis, experts can turn the tide in favor of the defense.
If you or someone you love has been accused of a sex offense, it’s critical to have an attorney who understands how and when to use expert testimony.
Contact a Toledo Sex Offense Defense Attorney
If you’re facing sex offense charges in Toledo or anywhere in Northwest Ohio, contact Brian C. Morrissey, Attorney at Law. I have worked with experts in forensic interviewing, pathology, DNA analysis, computer forensics, and more.
Call 419-830-7441 or visit www.brianmorrisseylaw.com to schedule a free consultation. When the government has experts on their side, make sure you have one on yours.
