Challenging Molestation Evidence: Top Strategies Used By Criminal Defence Lawyers

April 13, 2023


Molestation charges are among the most serious criminal accusations one can face, carrying severe legal and personal consequences. If you or someone you know has been accused of molestation, it’s important to understand the gravity of the situation and the importance of retaining the services of experienced criminal defence lawyers in Edmonton.

When it comes to defending against molestation charges, the key to success lies in the ability to challenge the evidence that the prosecution is using to build their case. However, this can be an extremely challenging task, as the evidence presented in molestation cases is often complex and can be difficult to refute without the assistance of a knowledgeable lawyer.

Nonetheless, it is worth noting that every molestation case is unique, and there is no one-size-fits-all approach to challenging evidence. Yet, by understanding the strategies and techniques that criminal defence lawyers use to defend their clients, you can be better equipped to understand your circumstances.

Read Also: Facing Charges For Child Pornography Offences In Alberta? Here Is All You Need To Know

In this blog post, we will provide an overview of some of the strategies criminal defence lawyers in Edmonton use to challenge molestation evidence.

Questioning Witness Credibility

One of the most effective strategies criminal defence lawyers in Canada use to challenge molestation charges is to question the credibility of witnesses. In many cases, witnesses can be unreliable or have ulterior motives that can cast doubt on their testimony.

There are a variety of reasons why witnesses in molestation cases may be unreliable. Some common reasons include:

  • Faulty memory
  • Bias or motivation
  • Suggestibility or influence

To challenge the credibility of witnesses, criminal defence lawyers use a variety of strategies, including:


This is a powerful tool that a lawyer can use to expose inconsistencies, biases, or outright lies in a witnesses testimony. By asking pointed questions, the lawyer can often show that the witness is unreliable or has an ulterior motive for testifying.

Contradictory Evidence

Lawyers can also introduce evidence that contradicts the witness’s testimony. For example, if a witness claims that the accused was at the scene of the crime, the lawyer can introduce evidence that shows the accused was elsewhere at the time of the incident.

Expert Testimony

In some cases, criminal defence lawyers may call upon expert witnesses to challenge the credibility of other witnesses. For example, a psychologist may be called upon to testify about the fallibility of eyewitness testimony.

Challenging Physical Evidence

In many molestation cases, physical evidence can play a critical role in determining guilt or innocence. However, physical evidence is not always reliable, and there may be weaknesses or potential issues that your criminal lawyer can exploit to challenge its validity.

There are several potential weaknesses in physical evidence in molestation cases, including:

  • Lack of sufficient physical evidence
  • Contamination, mishandling or improper collection procedures
  • Inconsistent chain of custody

To challenge physical evidence in molestation cases, we can use a variety of strategies, including:

Questioning Chain Of Custody

Criminal defence lawyers can scrutinize the chain of custody to look for any gaps or inconsistencies. If there are any issues with the chain of custody, the lawyer can argue that the evidence may have been tampered with or contaminated, which can cast doubt on its validity.

Introducing Alternative Explanations

If the physical evidence is not definitive, defence lawyers can introduce alternative explanations for the evidence. For example, if DNA evidence is found, your lawyer can argue that it could have been transferred to the scene innocently, such as through casual contact or contamination.

Highlighting Weaknesses

Lawyers can also highlight the potential weaknesses in physical evidence, such as the lack of physical evidence or the potential for contamination. By doing so, they can undermine the prosecution’s case and cast doubt on the validity of the evidence.

It is important to note that challenging physical evidence can be a complex and technical process that requires expertise in forensic science and evidence law. Therefore, it is essential to work with an experienced criminal defence lawyer who has the knowledge and expertise to effectively challenge physical evidence in molestation and other sexual assault charges.

Utilizing Expert Witnesses

Expert witnesses are individuals who have specialized knowledge, training, or experience in a particular field relevant to the case. In molestation cases, expert witnesses can provide testimony to support the defence’s case or challenge the prosecution’s case. They can offer their professional opinion on issues such as the credibility of witnesses, the reliability of physical evidence, or the potential psychological effects on the alleged victim.

Thus, expert witness testimony can be particularly effective in challenging evidence in molestation cases because it can provide an objective, scientific perspective to help the jury make an informed decision.

Several types of experts may be useful in challenging molestation evidence, including forensic psychologists, medical professionals, and digital forensic experts.

To effectively utilize expert witness testimony in molestation cases, a criminal defence lawyer should:

  • Carefully choose the right expert witness based on the needs of the case and the expertise required.
  • Prepare the expert witness thoroughly before the trial to ensure they are familiar with the facts of the case and can communicate their opinion effectively.
  • Present the expert witness testimony clearly and concisely so the jury can understand.
  • Anticipate and address any potential challenges to the expert witness’s testimony, such as cross-examination by the prosecution.

About Slaferek Law

Slaferek Law is a trusted criminal defence law firm based in Edmonton, Canada. Our experienced team of lawyers is dedicated to providing expert legal advice and representation to those facing molestation and other criminal charges.

Need help navigating the legal system? Contact us now.

Preserve Your Rights By
Contacting Darin H. Slaferek

We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.