Building a defense narrative and strategically presenting evidence is crucial in sexual assault cases to establish potential fabrication and contradict the complainant's statement
Questions to inspire discussion
-
Why is it important to educate the public about criminal law?
—It's important to educate the public about criminal law to address misconceptions and ensure a fair understanding of legal processes.
-
What evidence do police gather in sexual assault cases?
—Police gather evidence from various sources such as medical records, interviews, and surveillance footage to build a case in criminal law.
-
Can messages from the accused be used as evidence in court?
—Yes, messages from the accused can be used as evidence in court, but permission may be needed to use the full record of messages.
-
What role does alcohol play in sexual assault cases?
—Alcohol can complicate the reliability of testimony and consent in sexual assault cases, leading to potential misunderstandings and complications.
-
How important is the defense narrative in criminal law cases?
—The defense narrative and strategically presenting evidence are crucial in criminal law cases to establish potential fabrication and contradict the complainant's statement.
Key Insights
Evidence and complexities in sexual assault cases
- 📸 In cases of sexual assault, photographs of injuries and surveillance footage from the location may be obtained by the police for evidence.
- 🕵️ Police interviews with other people at an event can provide helpful evidence in cases regarding capacity and consent.
- 🍻 The issue of consent and intoxication can complicate the reliability of testimony in sexual assault cases.
- 🔒 The content of messages can be relevant in a criminal case if it contradicts the statement of the complainant, highlighting the importance of grounding the defense in evidence.
- 🤔 Supreme Court ruled that a person who is unconscious cannot consent to a sexual act.
- 🤔 "The mechanics of it is impossible of what she is describing which undermines her credibility and reliability and frankly supports what her client is saying as to how they became undressed."
Misconceptions and misunderstandings about criminal law
- 🔍 People often assert things about criminal law without really knowing the facts.
- 🚨 People do not know what their defense will be nine out of 10 times when they are arrested, giving the statement you cannot take back that statement will be used as evidence.
- 🍺 There's a massive misunderstanding about the role of alcohol in sexual assault and consent.
- 🔍 The only way to work a case is to build a defense narrative and strategically present evidence to establish potential fabrication.
#Justice #JosephNeuberger #DianaDavison
XMentions: @NotonRecord
Clips
-
00:00 🔍 It's important for the public to understand that police may not thoroughly investigate before laying charges, especially in cases of sexual assault or domestic assault, and it's crucial to have a lawyer present before giving a statement to the police.
- The video discusses the importance of educating the public about what they don't know about criminal law and prosecutions.
- It's important to understand that the police may not always thoroughly investigate before laying charges, and evidence like video footage may not always be obtained.
- Police investigations into sexual assault or domestic assault cases are often limited to taking a statement from the complainant, and they may not thoroughly examine evidence such as messages or phone data.
- Police gather evidence from medical records, sexual assault kits, interviews with friends, surveillance footage, and other sources to build a case in criminal law.
- There is a difference between messages provided by the complainant and those in possession of the accused, and the accused may need permission to use the full record of messages in court.
- When accused of a crime, it is important to not give a statement to the police without a lawyer present, as what is said can be used as evidence and may not accurately represent the situation.
-
08:10 🔍 Police may not contact potential witnesses provided by the defendant, private investigators can undermine the Crown's case, and alcohol can complicate sexual assault cases.
- Police may not contact potential witnesses provided by the defendant, as they are not obligated to conduct a defense investigation.
- The police in a recent case charged the complainant for making a false report after the witness's statement contradicted the complainant's evidence.
- Private investigators can sometimes undermine the Crown's case, but police interviews with other people at an event or party can provide helpful evidence in cases involving capacity and consent.
- There is a misunderstanding about the role of alcohol in sexual assault and consent, leading to the belief that having one or two drinks means being unable to consent.
- If both parties are drunk in a sexual assault case, it can complicate the reliability of testimony and make it difficult to accurately testify about what happened.
-
12:46 🔍 Intoxication is not a defense in criminal cases, continued contact from the accuser is not a defense, and staying in a relationship after abuse does not indicate the absence of abuse.
- In a criminal case, if the accused is unable to provide specific details and their level of participation due to intoxication, they have no defense.
- Continued contact and messages from the accuser are not a defense in criminal law.
- Staying in a relationship after abuse does not indicate the absence of abuse.
-
15:24 💡 The importance of messages as evidence and the complainant's narrative in building a defense in criminal law cases is discussed.
- Valentine's Day cards and trips to NASA or Barbados are discussed, along with the importance of messages as evidence for the defense in criminal law.
- The evidence and narrative of the complainant are crucial in building a defense in criminal law cases, as continued contact and messages may not necessarily exonerate someone and can be contradicted by the complainant's statement.
- The complainant's incessant messages about minor issues but no mention of the serious sexual assault in cross-examination.
-
18:44 🔍 Messages can be relevant in criminal law cases, but must be carefully used for impeachment evidence; advanced consent does not equal consent, unconscious people cannot consent; BDSM lifestyle can lead to criminal offenses without understanding legal implications; evidence and messaging are relevant to complainant's narrative and accused's defense; authentic messages in criminal law should not need to be vetted.
- Messages can be relevant in criminal law cases, but they must be carefully used and laid as a foundation for impeachment evidence during cross-examination.
- Advanced consent does not amount to consent at the time of sexual activity, as shown in a Supreme Court decision, and a person who is unconscious cannot consent to a sexual act.
- People in the BDSM lifestyle may not realize that they can be at risk of criminal offenses if they engage in activities without understanding the legal implications of advanced consent and bodily harm.
- The evidence and messaging in a criminal law case can be relevant to the complainant's narrative and the accused's defense.
- Authentic messages between parties in criminal law should be recalled and not need to be vetted.
-
23:34 🔍 Changes in legislation affect admissibility of evidence in criminal cases, courts have latitude but evidence may not be relevant, knowing Crown Attorneys doesn't guarantee withdrawal of charges, importance of building defense narrative and presenting evidence strategically, dismissing statements as lies without proper consideration is not a viable defense strategy.
- Changes in legislation have slightly altered the framework for admissibility of evidence in criminal cases, leading to potential issues with relevance and interpretation by the court.
- Courts have latitude to decide on evidence, but it may not be relevant to the case, and there is potential to reopen an application once testimony comes out at trial.
- Influence and knowing the Crown Attorneys does not guarantee the withdrawal of sexual assault charges, as it is a difficult process based on facts and evidence.
- The speaker discusses the importance of building a defense narrative and presenting evidence strategically in criminal law cases, while also emphasizing the need to be prepared for trial.
- Reviewing statements and immediately dismissing them as lies without proper consideration is not a viable defense strategy in criminal law.
-
27:52 🔍 Clothing worn by complainants is relevant, clients provide important information, understanding prosecutor tactics is crucial, and avoiding denigration in testimony is emphasized in criminal law cases.
- Clothing worn by complainants in court cases is relevant for understanding the mechanics of the alleged crime and can impact the credibility and reliability of their testimony.
- Clients are given their statement in writing and asked to provide a timeline and rebuttal, which is important for the lawyer to defend the case effectively.
- Clients are an important part of the defense team, providing relevant information and avoiding accusations of lying.
- Understanding the unique strategies and tactics used by prosecutors in cross-examining an accused in sexual assault or domestic assault cases is crucial to avoid wrongful convictions.
- In cases of bitter breakups, individuals may denigrate each other in their testimony, which can be seized upon by skilled lawyers to show the person's unreasonableness or emotional bias.
- The speaker discusses the importance of not being overly denigrating towards the complainant when testifying in criminal law cases.
-
34:52 🔍 Be honest about attraction and intentions, as evidence and actions can communicate consent in criminal law cases.
- Be careful about making absolute statements in criminal law cases, as it's important to be honest about attraction and intentions.
- The reasonableness of evidence is important in criminal law, and actions can communicate consent just as effectively as words.
-------------------------------------
Duration: 0:37:1
WatchUrl: https://www.youtube.com/watch?v=rfzm2J3PVZc
Publication Date: 2024-04-01T01:13:01Z
-------------------------------------