Can I be arrested for a sex crime without evidence? Facing a potential arrest for a sex crime can be incredibly stressful, especially if you believe there is no evidence to support the accusations. Many people assume that without physical or forensic evidence, an arrest cannot happen. However, in Missouri, an arrest can occur based on other forms of evidence, including testimony and testimony only.
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What Constitutes “Evidence” in Missouri Sex Crime Cases?
In sex crimes, or any other criminal case, the term “evidence” can encompass far more than just physical or forensic proof. While DNA samples, fingerprints, or other tangible items are often what the “CSI generation” thinks of as evidence, Missouri law recognizes other forms of evidence that can lead to an arrest. These include:
- Testimony: A victim’s statement or account of the alleged incident can be considered evidence. If the statement is deemed credible by law enforcement, it may form the basis for an arrest, even without corroborating physical proof.
- Circumstantial Evidence: This involves indirect evidence that suggests involvement in the crime. While the phrase “circumstantial evidence” is sometimes interpreted to mean “weak evidence,” it simply means that there is no “direct evidence,” (eyewitness testimony or DNA, for example).
- Behavioral Evidence: Actions or behaviors before or after the alleged crime, such as unusual communications or attempts to leave the area, can also be presented as evidence.
Law enforcement and prosecutors assess the totality of these elements to determine whether probable cause exists to justify an arrest.
Are Sex Crime Arrests Possible Without Physical Evidence?
Yes. While physical evidence can help law enforcement and prosecuters build their case, under Missouri law arrests can be made without physical or forensic evidence if other forms of evidence establish probable cause. Physical evidence is not always necessary at the arrest stage.
Probable cause means there is a reasonable belief that a crime occurred and that the accused committed it. A police officer’s suspision or “hunch” is not sufficient; there needs to be some form of reliable evidence. However, that also means that testimony given by any witness who law enforcement finds credible is likely sufficient for probable cause.
What Happens if I’m Arrested for a Sex Crime Without Physical Evidence?
Being arrested without physical evidence, such as physical or forensic proof, carries the same risks as any other arrest. False accusations, misunderstandings, or misinterpretation of circumstantial evidence can lead to wrongful arrests. In Missouri, law enforcement and prosecutors may proceed with a case if they believe the accuser’s testimony is credible, even in the absence of corroborating proof.
This can result in significant consequences, such as:
- Damaged personal reputation and professional opportunities.
- Emotional and financial strain from legal proceedings.
- Long-term impacts, such as being listed on a sex offender registry, if convicted.
Having a robust legal defense is essential in these cases to challenge weak or unsubstantiated claims and to ensure the justice system is held accountable for its burden of proof.
Accused of or Arrested for a Sex Crime in Missouri? Combs Waterkotte Can Help
At Combs Waterkotte, we understand the devastating impact that false or unsupported accusations can have on your life. Our experienced St. Louis criminal defense attorneys are skilled in dismantling weak evidence and building a strong case to protect your rights. We employ strategies such as:
- Investigating the Accuser’s Credibility: Examining inconsistencies in testimony, motives for false accusations, or biases.
- Challenging Circumstantial Evidence: Highlighting gaps or flaws in the prosecution’s case.
- Utilizing Expert Witnesses: Presenting professionals to counter claims made by the accuser or prosecution.
- Ensuring Due Process: Protecting you against unlawful actions, like improper arrests or mishandled evidence.
We help good people in bad situations. Contact us today or call (314) 900-HELP for a free consultation to discuss your case and explore how we can defend your future.
