Boston Criminal Defense Lawyer for Forensics & Sexual Assault Defense

A top Boston criminal defense lawyer who handles many sexual assault cases must know how to refute forensic evidence

Some sex offense prosecutions rely heavily on forensic evidence. The alleged victim may have submitted to a medical examination and specimen collection by a trained nurse. Samples from the complainant, the defendant, and from clothing, bedding or other materials would be analyzed by the crime lab. If you or a loved one has been charged with a sex crime, a Lowell or Boston criminal defense lawyer like me can help. 

One common area of disagreement that stems from evidence collected during the physical exam involves the significance of signs of trauma to the genitals and anus. While the prosecution’s medical witnesses no longer routinely attribute any and all signs of trauma to forcible penetration, they are still prone to alleging that certain types of physical findings are consistent with lack of consent. There is peer-reviewed scientific literature that refutes this and I am diligent to make sure that the judge does not let a medical witness get away with such a claim.

In cases with forensic evidence, I typically hire my own expert to examine the evidence and review the testing and compliance with procedures. I have used doctors, nurses, and DNA analysts to assist in preparing my cases. I have had DNA analysts present to observe the state lab’s testing of evidence and in some cases may even have my analyst do independent testing on the evidence. In some situations it is appropriate to call a defense expert to testify that: 1) the testing and procedures were improperly conducted; 2) further testing and procedures should have been done but were not; 3) the results of the independent testing differed from the Commonwealth’s results; or 4) the forensic evidence found is not consistent with the theory of prosecution. I have been invited by defense bar associations to present lectures to other lawyers about forensic DNA analysis. I am always happy to share my knowledge.

Sexual assault cases with forensic evidence are intimidating for the accused, but sometimes the forensic evidence is not as damning as the prosecution claims. If you or a loved one is charged with sexual assault, you need to hire a Boston criminal defense lawyer with experience defending sexual assault cases and challenging forensic evidence. Please contact me for a free consultation to discuss your case and how a sexual assault lawyer can help.