How is Evidence Shown in a Sex Offense During Court

[confused311]

My question involves criminal law for the state of: Pennsylvania

I have two questions and the first one is how is evidence brought up during trial for a sex offense? I mean a minor can say that this person did such and such to them, but whats the actual proof of this person doing those things to the minor?

My second question is if a person was sent to prison on thursday for sex offense how long will be before they are taken to trial?

If anyone could answer these questions for me as soon as possible I would really appreciate it.

[aardvarc]

I have two questions and the first one is how is evidence brought up during trial for a sex offense?

Each piece of evidence is presented to the court by the prosecutor or the defense attorney. If it is physical evidence, it is labeled as an exhibit and entered into evidence. If it is testimonial evidence, it is given on the stand by the appropriate party, and cross-examined by the other side.

I mean a minor can say that this person did such and such to them, but whats the actual proof of this person doing those things to the minor?

The testimony of anyone who may have something to say on the matter, including the vicitm, anyone the victim told about events in question (who aren't otherwise exempt, such as certain types of advocates), and any other applicable evidence the prosecutor can come up with. Circumstantial evidence counts as well.

My second question is if a person was sent to prison on thursday for sex offense how long will be before they are taken to trial?

Persons awaiting trial are held in jail. Prison is where felony sentences are carried out. The timing depends on dozens of factors, such as the court's schedule, how many hearings of various types occur before the trial, any requests for continuances by either side, etc. etc. it could be a couple of weeks, it could be many months.

[confused311]

What happens if they don't have much evidence to go off of? Say they only have enough evidence to put the person in prison, but there really isn't much to give during trial?

Also another question, the police obviously will end up going through this persons cell phone for communicational evidence, so are they only able to read off from this persons side of the conversation or are they able to upload the whole text? Also how far back can they bring texts up, is there a certain limit or can they bring up the whole phone history?

[jk]

confused311;503152]What happens if they don't have much evidence to go off of? Say they only have enough evidence to put the person in prison, but there really isn't much to give during trial?

did you not read what aardvarc wrote? Prison is for post conviction. If there is no trial yet, the defendant is setting in jail waiting for trial.

Also another question, the police obviously will end up going through this persons cell phone for communicational evidence, so are they only able to read off from this persons side of the conversation or are they able to upload the whole text? Also how far back can they bring texts up, is there a certain limit or can they bring up the whole phone history?

they will be able to get whatever a court gives a warrant for that the phone company still has in their records. they should be able to get both sides of the text messaging.

[confused311]

[QUOTE=jk;503158]did you not read what aardvarc wrote? Prison is for post conviction. If there is no trial yet, the defendant is setting in jail waiting for trial.
QUOTE]

But that just seems ridiculous. If you're going to accuse someone of sexual assualt you might as well have full evidence and get it done and out of the way. If a crime happened 10 year agos and its brought up today what are the chances of the defendant being sent to prison?

[jk]

But that just seems ridiculous. If you're going to accuse someone of sexual assualt you might as well have full evidence and get it done and out of the way. If a crime happened 10 year agos and its brought up today what are the chances of the defendant being sent to prison?

apparently they had enough evidence to get a warrant for an arrest. Now they will build a case to actually convict him. That is how it is done.

and you aren't arrested for simply an allegation, especially one that took place 10 years prior. There would be some serious investigation and most likely that evidence presented to the grand jury in order to indict the suspect.