When facing sex crime charges, most people think of evidence as DNA or video footage. But in California, the reality is much broader — and far more dangerous for the accused. Prosecutors can use many forms of evidence to build their case, some of which may seem weak or misleading. If you’re under investigation or charged, understanding the types of evidence used against you is critical to preparing your defense.
1. The Accuser’s Statement
This is often the centerpiece of a sex crime case — and yes, you can be charged based on one person’s word alone. Police and prosecutors frequently file charges without any physical evidence, relying entirely on what the alleged victim says. This makes it vital to challenge credibility, inconsistencies, and motive for fabrication.
2. Text Messages, Emails, and Social Media
Prosecutors may use digital communications to suggest intent, relationship dynamics, or post-incident behavior. Even messages taken out of context — or seemingly harmless flirtation — can be presented as evidence of guilt.
- Deleted messages can often be recovered
- “Likes” or comments on social media may be used to establish prior contact
- Photos or videos may be introduced, even without explicit content
This is why your attorney needs access to your full digital footprint — to prepare responses and present the full story.
3. Medical or Forensic Reports
In some cases, the prosecution will present medical exams or DNA tests. However, the absence of physical evidence does not guarantee your case will be dropped. If physical evidence exists, it may include:
- DNA samples from clothing or bodily fluids
- Sexual Assault Response Team (SART) examination results
- Injury reports or toxicology screenings
These reports can be challenged — for example, by proving consent, contamination, or misinterpretation of findings.
4. Witness Testimony
Witnesses can be damaging even if they didn’t witness the alleged incident. The prosecution may call:
- Friends or family of the accuser to confirm behavior or trauma
- Police officers who conducted interviews
- Experts in trauma or psychology
- Prior acquaintances to suggest a pattern of behavior
Your attorney will cross-examine these witnesses and may bring your own to testify in your defense.
5. Prior Allegations or Convictions
California law allows some prior allegations or convictions to be introduced at trial under certain conditions, especially under Evidence Code 1108. This means:
- A previous sex-related accusation — even if you weren’t convicted — might be used
- Old misdemeanor cases can influence a jury’s perception
This is why it’s vital to push for pretrial motions that block prejudicial history from being introduced.
6. Phone Location Data and Surveillance
Investigators often subpoena phone GPS records, surveillance footage, or doorbell camera videos to place you at the scene. Even app data like Uber, Google Maps, or Snapchat may be submitted.
Digital forensics teams can trace your movements minute-by-minute, which makes it critical to account for your whereabouts during the time of the alleged crime.
7. Your Own Statements
Anything you say — to the police, to the accuser, or even to friends — can be used in court. That includes:
- Police interviews (even if informal)
- Text messages apologizing or explaining your side
- Social media posts or comments
This is why we always advise clients: say nothing until your attorney is present.
What Can You Do to Fight Back?
Your legal team will work to suppress, discredit, or counter every piece of evidence introduced. That includes:
- Filing motions to suppress illegally obtained data
- Introducing alternate explanations or timelines
- Calling expert witnesses to dispute forensic conclusions
- Using your own digital data to disprove the accusation
The burden is on the prosecution — and a strong defense makes it hard for them to meet it.
Under investigation or charged? Speak with a defense attorney now before the evidence stacks against you.
