Sexual Assault Defense – Challenging Experts

Today’s prosecutors have significant resources at their fingertips – investigators, forensic scientists, social workers, forensic psychiatrists, and so forth.  This government machine is working towards the common goal of obtaining a conviction in a sex crime case.  More resources are dedicated now more than ever to prosecute cases involving sexual assault and other sex crimes.  It’s become a hot political issue – campaigns are making promises to prosecute specific cases – just ask Bill Cosby.  Is it justice that they seek or just a conviction for political reasons?

In an effort to secure more convictions, prosecutors are turning to science in nearly every case.  DNA testing is now common in every sex crime case, even where the sole issue in the case is whether two drunk y0ung adults engaged in a consensual sexual account.  Prosecutors argue DNA amounts to a mountain of evidence even where it adds very little to the case.  Social scientists like psychologists are being paid tax dollars to testify about so called “tonic immobility” or “counter-intuitive behaviors” in order to explain why a victim didn’t say “no” or didn’t report the alleged crime while continuing to socialize with the accused for months.  Prosecutors are receiving training on how to introduce expert testimony to explain victim behavior when the behavior doesn’t conform to what society would consider reasonable, with the hope of discounting the aspects of an alleged victim’s behavior that helps out the defense.

So how do you attack such expert testimony?  Most defense attorneys, especially young military defense attorneys, will tell you to get your own expert.  However, the best way to attack such testimony is to exclude it from the trial itself.  There are several ways to challenge the admissibility of expert testimony, and even testimony that is thought to be generally accepted – such as DNA – can be excluded based on the specific evidence in the case.

If you are accused of sexual assault or a sex crime, the stakes are high and the deck is stacked against you.  Korody Law levels the playing field and holds the prosecutors to prove the case fairly and beyond a reasonable doubt.

Call now for a free case evaluation.





Korody Law, P.A. 118 W. Adams Street, Suite 500, Jacksonville, FL 32202 - (904) 383-7261

Top Rated Jacksonville FL Lawyer Patrick Korody handles federal, state, and military criminal defense cases. Court-martial, security clearance revocation, security clearance denied, security clearance suspended. Jacksonville Florida Mayport Kings Bay NAS Jacksonville NAS JAX Naval Station Mayport Patrick Air Force Base Charleston Naval Weapons Station NAS Key West NAS Pensacola NAS Whiting Field Criminal Defense Lawyer. Top Rated Criminal Defense Attorney in Jacksonville, Florida. Federal criminal defense lawyer for drug charges fraud charges firearm charges money laundering charges. Former JAG lawyer provides services to Navy Air Force Marine Corps Army military members. Court-Martial Court Martial Courtmartial adsep boi security clearance revoked security clearance suspended. Military member DUI in Jacksonville, FL. Military sexual assault defense lawyer: sexual contact, rape, indecent assault, child pornography possession. Under investigation by NCIS? NJP appeals. Administrative Separation Boards. Boards of Inquiry. Military trial attorney. Civilian counsel for military members. Merchant Mariner Defense Lawyer. Offices located in Jacksonville, Florida.