Computers can make everything in life easier — even committing a sex crime. Many people find themselves charged with cyber sex offenses and can face serious consequences for criminal charges related to the digital possession or distribution of certain prohibited materials.
Anyone accused of a computer sex crime will need to think carefully about what defense strategies might work for them. Challenging digital evidence is often a tactic that defendants consider.
Digital evidence is complex
Everything that people do online and everything they use a computer for theoretically leaves a digital trace. Experts can analyze a computer’s hard drive to determine what someone stored on the device and possibly what internet browsing and downloading they did.
Prosecutors can use someone’s computer records to build a case against them in court. However, if you can prove that other people had access to that computer, that it wasn’t yours or that someone else shared your network, all of those claims could create a reasonable doubt regarding the origin of certain records on your hard drive.
For example, if there is a record on your home computer of a local download of an image file at a time when you were out of state, that might generate reasonable doubt regarding whether you were the person downloading those files are not.
With digital evidence, the details matter
Analyzing and verifying digital evidence is a time-consuming and technical process. If you intend to challenge the evidence against you in court, an experienced attorney can work to evaluate prosecutors’ evidence and work with you to strategize your defense.