Sex Offence Case Evidence – How It Is Collected and Challenged

Sex Offence Case Evidence – How It Is Collected and Challenged

In sexual offence cases, the prosecution’s case often hinges on the sex offence case evidence — and your defence strategy will depend on how that evidence is collected, preserved, and presented.

At Makwanas, our specialised sexual offence solicitors meticulously review every piece of evidence, challenging anything that is unreliable, unlawfully obtained, or taken out of context. This level of scrutiny can make the difference between conviction and acquittal.

Book Your Free Discovery Call Today – Expert advice on challenging sexual offence evidence.

How the Police Collect Evidence in Sexual Offence Cases

1. Complainant Interviews (ABE)
   Recorded using Achieving Best Evidence guidelines.
   Includes open-ended questioning to reduce contamination of testimony.
2. Witness Statements
   Taken from people who may have seen, heard, or been told about the alleged incident.
3. Digital Evidence
   Extraction of messages, emails, social media posts, call logs, photos, or browsing history.
4. Forensic Evidence
   DNA, bodily fluids, fingerprints, and clothing fibres.
   Collected from the scene, clothing, or through medical examination.
5. Medical Evidence
   Examinations at Sexual Assault Referral Centres (SARCs).
   Reports on injuries, biological material, and mental health impact.
6. CCTV & ANPR
   Location tracking through security cameras and number plate recognition systems.

How the Defence Challenges Sexual Offence Evidence

We examine whether:

• Police followed legal procedures (PACE compliance).
• Evidence is consistent and complete.
• Forensic analysis was correctly carried out.
• There are innocent explanations for alleged incriminating evidence.
• The complainant’s testimony has discrepancies or contradictions.

Common Problems with Sexual Offence Evidence

• Memory contamination from leading questions or media coverage.
• Incomplete disclosure of material that could assist the defence.
• Digital evidence presented without context.
• Forensic samples stored incorrectly, risking contamination.

Why Defence Work Starts Immediately

The defence can:

• Secure CCTV before it is overwritten.
• Preserve digital data that supports your version of events.
• Obtain expert reports to counter prosecution claims.

FAQs: Sex Offence Case Evidence

1. Can a case be based on testimony alone?

Yes — many convictions occur without forensic or digital evidence.

2. Can I see the evidence before court?

Yes — once charged, your solicitor receives disclosure from the CPS.

3. Can police take my phone?

Yes — they can seize and examine devices for relevant evidence.

4. How long is evidence kept?

Until the conclusion of proceedings, or longer in serious offences.

5. Can digital evidence be wrong?

Yes — context and interpretation are key to understanding messages or searches.

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