Sex Offense Experts​
Many people who work in the criminal justice system see the unfair advantages that the government has when prosecuting a case. By the time a case is charged, the government has often investigated a case for weeks, months, or sometimes years. They have the force of the local or state police to help them investigate, talk to witnesses, and execute search warrants if necessary. On the federal level, they even have the FBI on their side to conduct investigations on their behalf.

While any case is an uphill battle, sex offense cases are particularly tough given the nature of the case. In some sex cases, the accusations alone are enough to sour any jury to the person being accused. In many cases, the prosecutors have experts, nurses, or individuals who profess to have some specialized knowledge which will help the jury come to a verdict.

Not having an expert in this situation is a recipe for disaster. If an expert takes the stand  for the government and says the accuser is telling the truth because of the behavior of the accuser, that is an incredibly difficult piece of evidence to fight against. Sometimes they are university professors, therapists, or child counsellors. If the defense cannot produce an expert that can refute the testimony of the prosecutors expert, there can be disastrous consequences.

For example, an expert in a sex offense case where the accuser is a child is incredibly important to help a jury understand that sometimes kids make up allegations and may not even have a reason why. Hiring a forensic interviewing expert to conduct an analysis of a child’s interview could be the difference between a guilty verdict and a defendant walking free. A DNA expert could make all the difference in the world to refute the accusations of an expert from the prosecutors. Juries put a lot of stock into DNA testimony in spite of the people who have been wrongfully convicted throughout the years on fault DNA testimony. 

Even if an expert does not testify, sometimes the expert is able to work with the defense attorney to craft questions and understand certain topics. No attorney will know the science on every one of the topics that are presented. No attorney can be expected to know the science as well as an expert, but hiring a defense expert can aid the defense attorney in understanding the topic and present it in a way that the jury can understand.

I have worked with experts in forensic interviewing, arson science, forensic pathology, computer science, coerced confessions, accident reconstruction, and self-defense among other issues that come up during criminal trials. Not all of these experts were called as witnesses at trial but they all had tremendous value to not only help me understand the case but to craft an effective cross examination of the government’s expert witnesses.

Identifying the need for an expert witness, especially in sex offense cases is crucial. The hard truth is that people, both young and old, make accusations for a myriad of reasons, and having an expert explain that to a jury through a scientific prism can help a jury understand the issues. If a forensic interview of a child is not done correctly, a forensic interviewing expert is incredibly helpful in explaining how the interview was not done correctly and how it could elicit false information from a child.

I worked on a DNA case where the government’s expert said that they could not rule out my client’s DNA on the alleged victim. The alleged victim was a minor and had accused my client of inappropriately touching her in the vaginal area. A DNA expert said that there are certain things to ask for in order to get their entire opinion. Once I filed the motion and received the discovery on the case, we found that there were multiple male DNA patterns in her vaginal area. Had it only been my client’s DNA, that would have been a problem. But having other male DNA made it possible that it was trace DNA and no touching ever occurred. That case ended in a not guilty verdict on all charges at a jury trial.

Challenges can also be made to either the qualifications of an expert or the reliability and scientific validity of the subject that they testify about. I have worked on cases where we were able to keep an expert witness off of the stand due to relevance issues, not disclosing their credentials, or due to the conclusions not being based on observable repeatable outcomes.
​
Expert witnesses are incredibly important when it comes to sex cases. If you or a loved one have been charged with a sex offense, call Brian C. Morrissey, Attorney at Law at 419-830-7441 to set up a free consultation. If experts are involved, you need an attorney who has worked with experts for the defense and against experts from the government. Knowing which issues could be aided by an expert and which experts to call is crucial when the government has their own expert.