In all sex crime cases, the state bears the burden of proving that a defendant committed a crime. In pointing out the weaknesses in the state’s case at trial, however, it is essential to consider how any question posed to the state’s witnesses will affect what evidence the state can introduce in rebuttal.
For example, a Florida district court recently ruled that a defendant “opened the door” to questioning regarding his refusal to submit to a DNA test, where the defendant’s attorney questioned the state’s witnesses regarding DNA evidence. If you live in St. Petersburg and are facing charges of a sex crime, you should retain a seasoned St. Petersburg sex crime defense attorney to help you analyze any evidence the state can introduce against you and preclude any evidence that should not be admitted.
Charges and Trial Testimony
It is reported that the state charged the defendant with capital sexual battery, lewd or lascivious molestation, attempted capital sexual battery, and false imprisonment, for his alleged sexual relationship with a 10-year-old girl. At the trial, the alleged victim’s mother testified that the victim had two positive pregnancy tests, after which she informed her mother and grandmother of sexual activity between her and the defendant. The victim testified regarding the defendant’s alleged sexual activity with her at the trial as well. A doctor who examined the victim in the emergency room for a possible miscarriage testified that she tested negative for the pregnancy hormone, which she should test positive for if she was pregnant, but the doctor admitted he had never examined a potentially pregnant 10-year-old.