Washington sex crimes: Is your online life a ticking time bomb?

Every day, we text, email and post on social media, leaving behind a trail of digital footprints. These footprints can play a significant role in criminal sexual cases.

Types of digital evidence

Digital evidence is everywhere and can come from a variety of sources. In the context of sex crime cases, some of the most common types of digital evidence include:

• Text messages and emails
• Social media posts and interactions
• Photos and videos on personal devices and stored in the cloud
• Online transactions
• Location data from devices

Prosecutors often use these to build their case. But it’s important to remember that digital evidence isn’t always clear-cut.

Flaws in collecting and using digital information

When accused of a sex crime, your digital life can become a crime scene. Law enforcement may search your home and devices, seizing your personal belongings and digital data. It can be a traumatic experience and hurt your case. Digital information is easy to take out of context. It is also increasingly simple to manipulate or generate misleading content. 

Further, the collection of this evidence in the first place can violate your rights when authorities do not comply with federal and state search laws. Remember that you do not have to consent to warrantless searches. If police request to search your phone, home or car, you can say you do not consent and contact an attorney immediately. 

Ongoing online behavior matters

During a criminal case, expect law enforcement agents and prosecutors to scrutinize your online behavior. Be careful about:

• What you post on social media 
• Who you talk to online 
• The websites you visit

It’s vital to avoid any interactions that could be seen as incriminating or suspicious. Even innocent behavior can be misinterpreted, so it’s wise to use extreme caution online.

How defense attorneys challenge digital evidence

Criminal defense lawyers can utilize several strategies and tools to confront digital evidence in sex crime cases. For instance, they may:

• Hire tech experts to review the evidence
• Look for signs of tampering 
• Show how messages could be misunderstood 
• Prove that someone else could have used your device

Digital evidence is a big part of modern sex crime cases in Washington State. It can be powerful, but it’s not perfect. If you’re involved in a case, be careful online and get help from an experienced defense attorney.