Sexual Assault Evidence: Using Cell Records, Texts & DMs to Prove Your InnocencePublished: Sep 16, 2021 in Sex Crimes
When you have been arrested and charged with sexual assault or a related crime, it can have a devastating impact on your life. In addition to severe criminal penalties, your entire personal and professional reputation could be destroyed by such allegations. For this reason, you must take action to clear your name of the charges against you.
For sexual assault charges, you might be surprised to learn just how valuable your DMs, social media exchanges, cell phone records, and texts might be to your case. These forms of evidence may be the key to beating heinous accusations.
The Penalties of a Sexual Assault Conviction
There are several types of sexual assault charges you could be facing. And each carries its penalties.
Basic Sexual Assault
For example, if you were charged with a basic sexual assault charge, you’d be facing a second-degree felony. This is punishable by a minimum of two years in prison and fines of up to $10,000.
Aggravated Sexual Assault
If you were arrested for aggravated sexual assault, the penalties you’ll be facing could be much worse. This is a first-degree felony. You could spend up to 99 years in prison and be ordered to pay fines as high as $10,000. But these are only some criminal penalties you’ll face.
These allegations may already destroy your reputation. You could have your federal student financial aid revoked.
You could have your gun rights suspended. Not only that, but you may even find yourself dealing with immigration or citizenship issues, depending on the details of your case.
You need a criminal defense lawyer who can obtain the evidence you need to clear your name. One of the most undervalued pieces of evidence in sexual assault cases is cell phone records and direct messages on social media. Could these records have an impact on your case? Let’s find out.
How Cell Phone Records Could Prove Your Innocence
The use of personal cell phone records, text messages, and exchanges on social media could make all the difference in the outcome of your sexual assault case.
Proving a Consensual Sexual Encounter
Some of the most common sexual assault cases stem from “he said, she said” incidents. But cell phone records can vindicate the accused party when chats with the alleged victim show that their sexual encounter was consensual in nature.
Maybe there were explicit text messages exchanged between the parties. Or perhaps there were videos or photographs that can support your version of events.
A good example of instances where cell phone records proved critical was the case of Los Angeles Dodgers baseball player Trevor Bauer. A woman he had a consenting sexual relationship with made sexual assault claims against him. But text messages revealed that she consented to and even requested violent sexual encounters that left her bruised, beaten, and unconscious.
We Can Subpoena Cell Phone Records
Your sexual assault lawyer can subpoena the cell phone records needed to show the courts that you are not guilty of the allegations against you.
If your case has yet to go to court, these records can be turned over to the police, and we may be able to get your charges dismissed entirely. Proving the sexual encounter was consensual through these cell phone records would be a monumental win for your case.
Get Help From a Sexual Assault Lawyer in Houston
Are you facing sexual assault accusations? One of the most significant pieces of evidence that you could use to support your case is cell phone records and social media messages. But these may not always be enough to support your case on their own. You need a powerful defense strategy that clearly shows why you should be acquitted.
Contact The Law Offices of Ned Barnett to get started on your defense as soon as today. You can reach your Houston sexual assault lawyer by phone at 713-222-6767. Or fill out our convenient contact form. We’ll reach out to find out more about the sexual assault charges against you.