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Defending a Sex Crime with No Witnesses

Feb 28, 2017

Defending a sex crime is not an easy task especially one that occurred without any witnesses. Furthermore, some sex crimes are usually reported years after the alleged acts occurred. In the event you are arrested and set to be charged with a sexual offence, it is advisable to contact a sex crimes lawyer to defend you. Here are 4 ways to defend a sex crime with no witnesses.

Using Forensic Experts

Most sex crimes are usually prosecuted on the basis of information obtained from communication devices like cell phones, computers, cameras and other storage devices. The prosecution will use any communication you had with the accusing party to build a case against you.

With a forensic expert, you can effectively challenge any evidence obtained from communication and storage devices. A forensic expert will be able to undertake an in-depth forensic analysis of all digital communication with a view of discrediting use of information obtained from your communication devices.

Use Expert Witnesses

One effective way to defend against sex crimes with no witnesses is to rely on expert witnesses. An expert witness is a person with specialize knowledge and experience in a particular field. They will be able to provide their professional opinion in court with a view of helping a judge or jury better understand a particular subject.

Expert witnesses like medical professionals, psychiatrist, psychologists and private investigators can provide useful insight in court which will be helpful to you case.

  • Private investigators can investigate motive of accusers and find information that can discredit them
  • Medical professionals will give their professional opinion on the victims’ account of events, analyze any alleged injuries and evidence of sexual contact with the alleged victim
  • Psychiatrists and psychologists will undertake psychological evaluations of the defendant and accuser

Using a Polygraph Test

A polygraph test is an important defense strategy that could help you dismantle a sex crime case where there are no witnesses even before it starts. In such a case, a polygraph test, also referred to as a lie detector can greatly impact your case especially if the sex case is based on the accuser’s word of mouth.

As a defendant, passing a police polygraph will greatly help your defense as the accuser will be viewed as being unreliable even by the prosecution team. It is however important to ensure that the police polygraph test is done by a professional and experienced individual who will administer a fair test in an ethical manner.

Before undertaking a police polygraph test, your sex crime attorney will conduct at least one private and confidential polygraph test. Your attorney will likely agree to a police polygraph if they are sure the polygraph will help in your defense. Find out why a sex crime attorney is very important in your defense.

Have a Strong Defense Team

The most effective way to challenge sex crime allegations where there are no witnesses is to have a strong legal team to defend. Even though most defendants believe that contacting an attorney before being charged is a sign of guilt, having an attorney is crucial as they will protect your rights throughout the investigation and ensure a fair and through investigation is done by the police.

Additionally, having a strong defense team will mount a very effective defense that will rebuff any evidence brought by the prosecution and help you with your sex crime case.

 

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These Three Laws Protect Patients Against Medical Malpractice

Feb 27, 2017

The field of medicine has many laws that are in place to protect both the doctor and the patients from injuries and lawsuits. There are three laws in particular that are helpful in protecting patients from the risk of being the victim of medical malpractice. Read below to find out which laws are protecting you and your family.

 

Doctor Licensure Laws

One of the most basic laws that protect patients against medical malpractice is doctor licensure law. The law has many different layers that protect patients from being treated by someone who has not been through the proper training. Usually the doctor must be licensed in the state in which he or she wishes to practice, and must be licensed by the licensing medical board of that state.

In addition to the initial certification that every new doctor must go through, doctors are required to renew their licenses after a certain period of time, usually two years. The process of renewal often requires that the doctor submit to to a mandatory physician survey. In addition, doctors are required to have completed a certain amount of education each renewal cycle to stay ahead of new medical breakthroughs or discoveries that have happened since their initial education. The licensure program is particularly helpful in protecting patients against anyone ill-equipped to provide adequate care, thereby limiting the risk of a bad procedure.

Informed Consent Laws

At first glance, informed consent laws seem to be there only for the protection of those practicing medicine. However, these laws also do a lot to protect the patient as well. These laws state that before a doctor or any medical professional proceeds with any sort of procedure or treatment, the patient must be thoroughly informed of the process, risks, reason for the procedure or treatment, and whether or not there are any alternative options to the proposed treatment or procedure. This means that a doctor must get the patient’s permission before taking an action. In the case of the patient’s inability to make a decision due to incapacity, a designated family member will be able to make these decisions for them.

Before a procedure, the medical professional will approach the patient or family members with a consent form that must be signed before any action is taken. This certainly helps protect doctors from lawsuits, but the process protects the patient as well from doctors being able to do whatever they want without asking permission first.

 

HIPAA Privacy Rule

In addition to providing patients with the rights to their privacy regarding medical records, the HIPAA Privacy Rule was put in place to give patients to right to look at and obtain medical records at a reasonable cost. This is extremely important in the protection of patients against malpractice because it gives doctors accountability to keep detailed and accurate records of any procedures or treatments that are performed. Because of this law, patients who feel as if they do have a case for medical malpractice are able to obtain their records in order to use them in their case against the doctor or hospital.

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