Home » Law and Legal Articles » CO Prosecutors Looks to Convict Man of Rape Based Solely on DNA Evidence
CO Prosecutors Looks to Convict Man of Rape Based Solely on DNA Evidence
A Colorado Springs man is facing charges of rape based solely upon DNA evidence. Is this enough for conviction? Prosecutors and defense attorneys vigorously argue this topic at trial.
December 14, 2011 /Law and Legal PR News/ -- CO Prosecutors Looks to Convict Man of Rape Based Solely on DNA Evidence
Rape is a very serious charge that carries with it very serious penalties if convicted. Cases are often very emotional and can turn on very little evidence. For example, the Colorado Springs Gazette reports that a man is currently on trial for rape even though the only evidence against him is forensic DNA evidence. This case is causing a stir because while forensic DNA evidence is persuasive in Hollywood movies, it is by no means an assurance of a defendant's guilt in real life.
Facts of the Case
The Gazette reports that the defendant, a 33 year-old male, is standing trial for the November 2009 rapeof a 22 year-old woman. According to the criminal complaint, the man waited in a white SUV while the victim walked towards the vehicle while still upset about a recent quarrel with her boyfriend. After attacking the woman, the man allegedly drove to a nearby lot and forcibly raped her.
The case had gone cold until a lab tech recently notified authorities that they obtained a DNA sample matching the defendant. Rape charges were ultimately brought against the defendant citing the DNA match as evidence, but little else.
The defendant's attorney has argued that the prosecution ignored several weaknesses in its case after receiving the DNA match. According to the Gazette, defense counsel pointed out that a registered sex offender drove a similar SUV and matched the victim's description of the suspect. In fact, the victim initially picked out the convicted sex offender from the lineup because his distinct facial markings, body size, and other features matched her description. However, defense attorneys argued that the prosecution never followed up on this lead, but rather focused its efforts solely on the 33 year-old defendant as the primary suspect.
Sex Crime Penalties and Statistics
If convicted, the defendant could face many years in jail and would be required to register with the state's sex offender registry program. This program would make his conviction public, as well as his home address, his vehicle(s) and his physical features. This would make him one of 3,500 sex offenders currently within Colorado's Department of Corrections.
Anyone who is charged with a sex crime should speak with an experienced criminal defense attorney to discuss their rights and legal options. Colorado takes sex crimes very seriously, so anyone facing sex crime allegations must take their defense seriously as well.
Article provided by Elkus & Sisson, P.C.
Visit us at www.denvercriminalduiattorney.com
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