The Legal Investigator Fall 2011 Vol.36, Issue 3 : Page 3

In addition, many states now have what are referred to as “rape shield laws,” which keep information on an accuser’s past sexual history from coming into the trial. The defense cannot present evidence about an accuser’s sexual history (except in rare circumstances, covered below.) It boils down to whose version of what happened is more credible, hence the “he said/she said” designation. It now seems the pendulum has swung the other way, and now it is difficult to avoid conviction if a woman claims she was forced to have sex against her will. It is very easy to make these accusations, and it takes very little to convict. It is possible to convict a man of sexual assault with no physical evidence, no proof of force, no witnesses, and even inconsistent statements by the accuser. I know, because I have seen this happen. What are we, as investigators, able to do to help in cases where the defendant believes he had permission to have sex with the woman? Platinum Patron Kelly Riddle San Antonio, TX Member since 2009 Gold Patrons NALI thanks the following patrons for their Gold Level sponsorship: • Burt Hodge, State Information Bureau, Inc. Call today for a FREE Insurance Evaluation!! (800) 683-1226 Background, Private Investigators, Security Guards, Private Patrol, Training, Title Abstractors, Computer Forensics, Security Consulting and more... General Liability Professional Liability / Errors & Omissions Hired / NonOwned Auto Workers Compensation Commercial Auto Property Coverage / Bonds Employment Practice Liability and more... Are you really covered? GL and E&O Limits: from as low as $250,000 to $5,000,000 Premiums: from as low as $521 -ARMED Admitted coverage in MOST states! Individual Policies, NO MASTER POLICY!!!! As in all cases, investigators should very closely review the discovery. There are several pieces of information that can help identify what actually happened, and lead you to do further investigation that may not have been done by law enforcement. fall 2011 (Don't let other firms claims affect your rate!) Yergey Insurance Agency, Inc. 7420 Heritage Village Plaza Gainesville, VA 20155 5


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