How to Prove Innocence When Falsely Accused of Sexual Assault – Part 2

By Sydney Sullivan

If the text doesn’t fit you must acquit.

If this case has taught us anything – its that the Rules of Evidence lag well behind digital technology and forensics creating a need for the current state and federal legislation to be updated concerning the inspection, interpretation and collection of, digital evidence along with digital devices – and proactive digital evidence and forensics

educational programs for local and state government employees need to be instituted and/or significantly updated.

In the Doc Bekkum case, iPhone text messages were used to support the complainant’s narrative. She had no witness of her own to support her allegations. The only known witness was Dr. Bekkum’s daughter who completely disputed the complainant’s testimony in a declaration, but it was after the trial. Being able to decipher real from fabricated screenshot digital text messaging is paramount in this case. From the collection to the Exhibit – the pathway must be squeaky clean.

Even the 2017 Authenticating Digital Evidence by Daniel Capra of Fordham University School of Law is now, only 6 years later, somewhat outdated as technology rapidly advances. The white paper notes:

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How to Prove Innocence When Falsely Accused of Sexual Assault – Part 1

By Sydney Sullivan

It’s doubtful there has ever been a case that we’ve investigated this thoroughly that has been so fraught with misrepresentations, fabrications, suspense and intrigue as this one you’re about to see. A good and kind community doctor was accused of sexual misconduct by a woman who claimed to be a “hospice” caretaker.

The story starts in the summer of 2016 when a general practice physician was asked by a local State Senator to be the doctor of record for a gentleman that was later found to be under the unwanted control of the senator. The doctor had no reason to decline since the gentleman was already his patient through the community clinic.

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Text Message Screenshots: Real Or Fake?

Fake news, false identities, and phony emails – in today’s digital world, it is becoming increasingly more difficult to detect fact from fiction.

Fake Texts Are Easy To Create, Difficult To Detect

For lawyers, judges, juries, and investigators, discerning what’s real when dealing with digital evidence is more difficult than ever. This is due, in part, to how easy it is to create fake evidence. Specifically, a rise in fake text message apps makes it almost effortless to falsify all types of instant mobile communications – iMessage, SMS, MMS, and chat. Nearly every aspect of the text message can be fabricated, including the sender and recipient, time stamp, and delivery status.

iDiscovery Solutions (iDS) was founded in 2008, and is a professional services consulting firm that specializes in Digital Forensics, e-Discovery, Structured Data, Cybersecurity, Data Privacy, and Information Governance. Of the many services iDS provides is the ability to examine, dissect and provide legal testimony as to the validity of digital evidence produced in court proceedings.

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Bombards Body Language Tutorials – Pure Gold Instruction

Some of the best tools we have ever encountered as litigation paralegals are on Bombards Body Language, a collection of dissected videos where the goal is to teach people to be able to identify and see deception in body language. Having watched Bombard’s video channels for several years – it recently became time to move up to tutorial instruction.

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