SEXUAL OFFENCES
Can You Use Social Media as Evidence in Sexual Offence Cases?
If you are involved in a sexual offence case, or if you have been accused of a crime of this kind, it’s extremely important to understand how your digital information could be used as part of an investigation.
The full scale of figures related to sexual abuse and assault within society remains difficult to define, and the issue continues to grow in complexity within the UK and across the world.
The ubiquity of social media and online communications does nothing to simplify the matter. This technology offers further opportunities for perpetrators to track or make and retain contact with potentially vulnerable individuals – and presents platforms with little to no regulation on which images and videos can be shared freely. But can social media also be a force for good in the investigation of sexual offence cases?
In this article, our sexual offence solicitors – specialists in the field of sexual crimes – explain if and how social media as evidence can apply in these cases.
Can you use social media as evidence in sexual offence cases?
Yes. Communication evidence, including emails, recorded phone calls, text messages and social media, can prove extremely valuable when a sexual offence case is being investigated and tried.
There are all kinds of cases that can be supported by proof of this kind, from physical sexual assault to stalking and harassment, to the making and sharing of sexual images without consent.
However, all digital evidence must be obtained and examined in a legal, fair and objective manner.
How does social media evidence affect sexual offence cases?
“Digital forensics” has become an increasingly vital task over recent years. The ability to explore an accused offender’s social media and communication history can help law enforcement to analyse any contact that individual has had with their alleged victim before, after and even during the events that are being investigated.
It can help to determine the nature of the relationship between the two parties at various times, as well as establishing if – and how – consent for any sexual activity was sought and whether or not it was conclusively given.
When used effectively, the use of social media as evidence can mean the difference between an acquittal and a conviction.
What types of social media data can be used in sexual offence cases?
According to the Crown Prosecution Service (CPS), social media information that can be sought by investigators or prosecutors includes:
- Details of the subscriber to a particular account
- Content of any messages/photos/social media posts etc.
- IP Login history and geolocation
As long as it is acquired lawfully and using the appropriate channels, posts and messages from any social media platform may be used as legal evidence.
Public posts can be taken directly from a person’s account, while prosecutors or investigators may need to apply to the platform provider to access private messages, and they will usually need a warrant for these purposes – and for the purpose of seizing and examining an individual’s phone or other electronic devices.
How do social media and communications corroborate witness testimony?
Witness testimony alone is rarely sufficient to secure a conviction and should always be backed up by direct proof where possible.
Social media can be highly valuable for this purpose when confirming and clarifying timescales, revealing behavioural patterns, identifying any other parties involved and corroborating witness evidence by providing a written or visual reflection of an account.
What’s more, because digital messages and online posts can be “deleted”, some users are willing to share key information about an offence with members of their family or social circle in this manner, as they believe that it can be easily destroyed. However, through the practice of digital forensics, a good amount of deleted data can be recovered – helping investigators in accessing vital information, establishing intent and motive and recognising attempts at deceit.
What challenges arise in using digital evidence in court, especially concerning privacy and authenticity?
Digital evidence must be treated with as much care and procedural professionalism as physical evidence in order for its integrity – and therefore its admissibility – to be maintained.
This means that relevant permissions must be sought from platforms and providers, warrants must be acquired and the correct chain of custody must be followed at all times. The collection, protection and analysis of digital evidence must be undertaken only by relevant and authorised individuals, and the information in question should only be used for clearly specified purposes.
In addition, there are a number of ethical challenges surrounding the gathering of this kind of proof, including privacy concerns. It is possible for investigators and prosecutors to “over-collect” digital evidence, accessing information that is not relevant or pertinent to the case, which can amount to an invasion of privacy.
Failure to follow set procedures as strictly as possible can also result in data breaches, including the loss or leaking of sensitive information that could identify any party involved and potentially put them at risk.
The question of authenticity can also come into play when examining social media accounts for evidence. Impersonation and the falsification of posts and imagery has become concerningly common and effective online. The swift development of “deepfake” technology and the practice of “catfishing” can make it very difficult to conclusively prove a person’s identity and attribute specific actions to them.
What to do if you are being investigated
If you are involved in a case of this kind, or if you have been falsely accused of a sexual crime and you are concerned that your digital data and social media history is likely to be investigated, it is vital that you get in touch with experienced sexual offence solicitors as soon as you can.
DPP Law has a lengthy history of defending against allegations of this kind. We have an emergency arrest line that you can call at any time of the day or night. Our specialists can help you to gather evidence in your defence, protect your data from improper use and represent you in a court of law to ensure the best possible outcome for your case.
