Sex Crimes Investigations
Investigations conducted by police are pivotal in sex crimes. Once an alleged victim files a report, law enforcement officers will begin collecting evidence through various methods. Prosecutors will analyze the various records and information collected by police. After an evaluation, the prosecution will determine if criminal charges should be filed.
Law enforcement uses numerous techniques to obtain the desired information for their case. Collecting past criminal records, administering rape kits, and recording statements from victims and witnesses are common in sex crimes investigations. It is incredibly important that you stay informed of the various phases of the investigations process if you have been charged with a sex crime.
Cincinnati Attorneys for Sex Crimes Investigations in Ohio
A person being investigated is not necessarily being charged. The investigation's purpose is to compile enough evidence to be able to file criminal charges against another person. This is why in the course of a investigation, it is pivotal that you contact an experienced criminal defense attorney.
Armed with a qualified defense attorney, you may be able to divert criminal charges altogether. If you are currently being investigated, you must be hyperaware of what you say or agree to do. Statements made by you, past criminal records, or choosing to do procedures such as polygraph tests, can land you with heavy criminal charges. A capable criminal defense attorney can advise you to take the best route of action, and possibly be able to avoid charges altogether.
The attorneys at Joslyn Law Firm specialize in criminal defense. We are familiar with local law enforcement agencies and their tactics to investigating sex crimes. Our attorneys are established and respected among the legal community. Firm founder, Brian Joslyn, was nominated as one of the top 100 lawyers by the National Trial Lawyers Association and chosen as top criminal lawyer in Columbus by Columbus CEO Magazine.
It is vital that you have an attorney who is proactive in the investigative stages. The attorneys at Joslyn Law Firm know the ins and outs of sex crimes units. Joslyn Law Firm accepts clients throughout the greater Hamilton County area and surrounding cities including Georgetown, Batavia, Cincinnati, Forest Park, Springfield, Reading, Harrison and Montgomery.
Do not be idle in the investigative process. Call us today at (513) 399-6289, or simply submit an online form for a free consultation.
Overview for Sex Crimes Investigations in Cincinnati, Ohio
Rape Kits Analysis in Hamilton County
An alleged victim can choose to see a medical professional regarding a rape kit examination. Often, if an alleged victim goes straight to law enforcement after the incident, an officer will transport them to the local hospital. Undergoing a rape kit examination does not necessarily mean that the alleged victim will file a report. In some cases, a rape kit may not be as accurate if the alleged victim showered, cleaned any harmed areas, or changed clothes.
Rape kits vary based on the location they are being performed, but most kits include the following:
- Instructions for the examiner;
- Bags and large sheets of paper to collect evidence;
- Comb used to collect hair and fiber from the victim's body;
- Sterile urine collection and other sample containers;
- Nail picks, floss, or sticks for fingernail scrapings;
- Swabs for biological evidence;
- Sterile water and saline;
- Documentation forms; and
- Glass slides.
Understand that a viable rape kit is very strong evidence in court. Rape kits can develop a DNA profile that is unique to the alleged offender. DNA is unique to each and every person, making tested rape kits very strong evidence in court. If a person has been accused of a sex crime and the victim has undergone a rape kit, it is highly advised he or she seeks a defense attorney.
Law Enforcement Interrogations in Ohio
It is likely that you will be interrogated by law enforcement during the investigative process. Police conduct interviews of victims, possible witnesses, and suspects to gather evidence for the prosecution. Local law enforcement will use tactics and other investigative procedures to try and draw out any information that is helpful for their case.
Law enforcement will use different methods to obtain incriminating statements. You may be confident about your memory of the event, or your criminal past, but through interrogative techniques you may find yourself tripping over your words. Having an experienced criminal defense attorney on your side can help immensely.
The following are some factors that law enforcement considers when interviewing suspects:
- Prior criminal history, charged or uncharged;
- Possible defenses to the crime;
- Statements made by the victim(s);
- Statement made by the witness(es);
- Suspect explanation for any physical evidence;
- Prior possible complaints made by victim(s) or witness(es);
- Suspect relationship to victim(s) and witness;
- Suspect alibi/statement;
- Age of the suspect, victim(s), and witness(es);
- Demeanor and body language of the suspect;
- Statements that are consistent or inconsistent with other evidence; and
- Suspect's access to the victim and/or crime scene when the alleged offense took place.
Polygraphs Testing in Cincinnati Sex Crimes Investigations
A tactic law enforcement may use to gather evidence is the use of a polygraph test. Otherwise known as a lie detector, a polygraph test is used to measure a person's physiological reactions when asked a question. The purpose of the test is to show when a person gives a deceptive or false response.
The typical polygraph will measure a person's breathing rate, pulse, perspiration, and blood pressure. Normally, the procedure will be conducted in a room with only the tester and subject present. This is dependent on if you have an attorney who has selected a private, well-respected polygraph examiner to administer the test.
A series of questions will be asked while the alleged offender is connected to the machine. The polygraph will measure the alleged offender's physiological responses. The theory behind the polygraph is to spot any increase in pulse or perspiration which will point to nervousness. These tests can be unreliable, since nervousness is not always linked to guilt and the results can sometimes be inaccurate.
In Ohio, most polygraph tests are ruled inadmissible in court. However if all parties including the defendant, defense attorney, and prosecutor agree to advance to the admissibility of the results, the court may be inclined to admit them. This is referred to as a stipulation, and occurs before the alleged offender takes the polygraph test.
In State v. Seoul, Ohio's Supreme Court ruled that the polygraph evidence will be deemed admissible under the following conditions:
- The prosecutor, defendant, and defense counsel must sign a written stipulation providing the defendant will take the polygraph test and its results will be admitted to trial;
- The admission of the test results are subject to the discretion of the judge; if the judge is not convinced the polygraph examiner is qualified or the test was conducted under proper conditions, the judge may refuse to admit the test results;
- Opposing counsel has the right to cross-examine the polygraph examiner at trial concerning her qualifications and training, the conditions under which the polygraph test was given, the limitations and possibilities of error concerning the polygraph test results, and any other matter the judge deems pertinent; and
- If the test results are admitted, the trial judge must instruct the jury the examiner's testimony does not tend to prove or disprove any element of the crime with which the defendant was charged, and that they must determine what weight and effect such testimony should be given.
Most attorneys will advise you to avoid a polygraph test. A polygraph test is an opportunity to interrogate you, and the results are not always trustworthy. Police officers may also ask you to make statements before or after testing.
Investigation of Rape & Other Sexual Assault Offenses – Visit the Cincinnati Police Department, and read a document outlining their procedures for sex crime investigations. See their policies, steps to gathering evidence, and tactics they use to interrogate a suspect in custody.
End the Backlog – Visit End The Backlog, a non-profit organization whose purpose is to advocate for the testing of backlogged rape kits throughout the United States. See Ohio's current status for their rape kit backlog, current legislation for rape kits in general, and plans to advocate for sex crime victims.
BCI Investigation Division – Visit the Ohio Attorney General, and see more on their Special Investigations Unit which includes their sex crimes division. See more information on the investigative services such as the polygraph unit, the criminal intelligence unit, and the missing persons unit.
Lawyer for Sex Crimes Investigations in Cincinnati, Ohio
All criminal charges begin with an investigation. Just because a person is investigated, does not ultimately mean he or she will be charged with a criminal offense. Be proactive in protecting your freedoms. Call an experienced criminal defense attorney to deter the investigation against you today.
Our attorneys are familiar with all types of tactics and techniques used by law enforcement. We are passionate about defense, and will do everything in our power to help you. Joslyn Law Firm has over 20 years of combined experience in handling police throughout the southern Ohio region. We understand how to speak to police officers, and what to avoid when a person is being investigated. Get an attorney who is reputable and compassionate as your legal partner. Keep quiet with law enforcement and contact an attorney at Joslyn Law Firm.
Joslyn Law Firm advises clients during sex crimes investigations throughout the Cincinnati-Middletown-Wilmington metropolitan area and nearby counties including Georgetown in Brown County, Cincinnati in Hamilton County, Batavia in Clermont County, and Wilmington in Clinton County.
Our attorney are familiar with local law enforcement throughout the greater Hamilton County area including Hamilton County Sheriff's Office, Cincinnati Police Department, Batavia Police Department, Clermont County Sheriff, Wilmington Police Department, Brown County Sheriff's Office, and Clinton County Sheriff's Office.
Do not be idle while you are being investigated. Call us at (513) 399-6289, or submit an online contact form for a free consultation on your case today.
This article was last updated August 21, 2018.