Being accused of a sex crime in Omaha can be extremely intimidating. Prosecutors in the state of Nebraska often take these cases very seriously, and although you are presumed innocent until proven guilty, it certainly may not feel that way in the aftermath of a sex crime allegation.
At Berry Law, we can help you understand how certain types of evidence can be used to prosecute you for a sex crime in Omaha. Let one of our diligent and well-versed defense attorneys help you fight these allegations in and out of court.
Admissible vs Inadmissible Evidence under State Law
In many local sex crimes cases, there isn’t a great deal of physical evidence available for the prosecution to use against the defendant. Unless test results from a rape kit and/or video surveillance footage are available, sex crimes cases in Omaha usually revolve around circumstantial and testimonial evidence, as well as the jury’s interpretation of the moral and ethical character of the parties involved.
However, state law specifically addresses what can and can’t be used to establish a defendant’s character when they are being prosecuted for an alleged sexual offense. According to Nebraska Revised Statutes §27-412, any evidence that shows the defendant is of a certain sexual orientation or that they engaged in other types of sexual behavior is not admissible in court.
Conversely, this statute does allow for evidence that someone other than the defendant was responsible for the victim’s alleged injuries or sexual assault, as well as evidence that establishes a pattern of behavior by an alleged adult victim to demonstrate consent to the sexual contact in question. If prosecutors try to omit or conceal evidence from a case that would otherwise help the defendant if disclosed, that act of omission would violate the defendant’s rights.
Effectively Contesting the Prosecution’s Case
Regardless of what types of evidence the prosecution uses to build their case, it is important for defendants in Omaha sex crimes cases to contest the viability of that evidence and provide counter-evidence to establish or support their innocence. This could entail establishing a prior relationship with the alleged victim, providing documentary proof that the defendant was not present at the place and time the crime allegedly took place, or that the grounds charges were filed on are not valid under current state law.
Ultimately, there is no one-size-fits-all approach to prosecuting or contesting sex crime allegations in Omaha. These cases are typically unique in terms of the circumstances and parties involved, which means that various types of evidence may or may not be involved in the arguments made by the prosecution and the defense.
Ask an Omaha Attorney about How Prosecutors Use Evidence in Sex Crimes Cases
Contesting a sex crime allegation is not just a matter of contesting the evidence the prosecution brings against you. To achieve a positive case result, it is also necessary to present exculpatory evidence in your own defense and to understand what types of evidence are not admissible in court for this kind of case.
A skilled criminal defense lawyer at our firm can provide the guidance and support you need to refute the prosecution and their evidence in an Omaha sex crimes case. Call Berry Law today to schedule a confidential consultation.