Many Wisconsin sexual assault cases do not have video evidence, physical injuries, or witnesses prosecutors can use to prove their case. These “he said/she said” cases present unique legal challenges that put a spotlight on memory, behavior, and a defendant’s credibility. Prosecutors still must prove the defendant’s guilt beyond a reasonable doubt, but that doesn’t mean these cases are easy to defend. A false accusation or misinterpretation of events can lead to devastating consequences. Therefore, anyone in a he said/she said case should seek help from a Madison, WI, sexual assault defense lawyer to avoid the worst outcomes.
Strategies Prosecutors Use in He Said/She Said Sexual Assault Cases
Wisconsin’s sexual assault laws encompass many criminal actions, but their fundamental purpose is to prohibit people from inflicting unwanted sexual contact or activity on others. Prosecutors often hesitate to press these charges without physical evidence, though they may proceed if they believe the circumstantial evidence supports a conviction. Some strategies prosecutors use in he said/she said cases include:
- The Alleged Victim’s Testimony – Prosecutors often rely heavily on the alleged victim’s account in he said/she said cases. Consistency in the accused’s statements can build credibility in the minds of a jury.
- Supportive (Indirect) Witnesses – Even when there are no direct witnesses to an alleged sexual assault, prosecutors may ask the victim’s friends or family to testify about the victim’s actions or behavior after the alleged attack. If these supportive witnesses offer similar testimony about the victim’s fear or other trauma responses, their words may persuade a jury.
- Text Messages, Emails, or Social Media Posts – Words and photos from either party can shed light on their relationship or show how the alleged attacker was in the vicinity of the alleged assault.
- Statements or Prior Acts by the Alleged Attacker – Prosecutors may use inconsistent or incriminating statements by the defendant during police interviews to imply guilt. They might also highlight past accusations against the alleged assailant to demonstrate a pattern of wrongful behavior.
- Expert Testimony – The prosecution might ask medical or psychological experts to explain typical trauma responses so jurors understand why a victim acted a certain way.
Defenses in He Said/She Sexual Assault Cases
Facing accusations of sexual assault is scary, even if prosecutors have little or no physical evidence against you. However, it’s vital to remember that you don’t have to prove your innocence. It’s the prosecution’s job to prove your guilt beyond a reasonable doubt. Some strategies you and your defense team might explore to refute your charges include:
- Challenging the accuser’s credibility by pointing out inconsistencies or contradictions in their statements
- Presenting messages or social media posts that show a different version of the accuser’s account or a consensual relationship.
- Highlighting the prosecution’s lack of physical evidence
- Use expert witnesses to challenge the prosecution’s experts, such as explaining how false memories or misinterpretations can occur in these cases
Contact Our Wisconsin Sexual Assault Defense Attorneys
A lack of physical evidence in a Wisconsin sex assault case does not mean you should take your situation lightly. If prosecutors filed charges, they think they have a fair chance of winning. Jasti Zehawi & Johnson LLC has over 50 years of combined legal experience and can help you push back against your accuser’s testimony or other circumstantial evidence. Call now or complete our contact form for a free consultation.