If you are facing criminal charges for sex crimes in Indiana, you might wonder about whether prosecutors can present social media evidence against you. If prosecutors can show the evidence is relevant and lay a proper foundation for it, they may be able to present it in a sex crime case.

However, your Indianapolis sex crime lawyer may be able to challenge this evidence or present other social media evidence in your defense. Here is what you should know about this legal issue.

What Social Media Evidence Is Used in Sex Crime Cases?

Various forms of evidence could be on social media platforms, such as:

Social media posts and profiles
Photos
Location information
Direct messages
Dating app communications
Stories
Screenshots
Chat logs
Metadata stored in posts
Event check-ins
Deleted content

Ways Social Media Evidence Is Used in Sex Crime Cases

Prosecutors or defense attorneys may use social media evidence for multiple ways, including the following:

Validate Statements

Prosecutors may introduce social media evidence to help corroborate statements made by victims or their witnesses. Providing objective evidence can add credibility to their statements. Likewise, criminal defense attorneys may present statements that show their defendant’s version of events. Social media posts from alleged victims or witnesses could reveal inconsistencies or support the defense’s case.

Challenge Statements

Similarly, attorneys can present social media evidence to challenge a victim’s, defendant’s, or witness’ statement. By showing the witness is making contradictory statements than what they have shared on social media, this can call the witness’ credibility into question.

Prove Intent

Prosecutors could also present social media evidence to help prove intent. They might introduce evidence such as:

Sexually suggestive comments from the defendant to the alleged victim
Sexually suggestive photos or videos from the defendant to the alleged victim
Photographs or videos showing the presence of drugs or alcohol

Reconstruct Movements

Sometimes, it’s not even what someone says on social media that is used in this type of case but rather what is behind this evidence. For example, the prosecution may present check-ins or tagged events to show the defendant was at the scene of the crime. The defense may use social media evidence to disprove or poke holes in the prosecution’s timeline of events.

How Law Enforcement Obtains Social Media Evidence

Law enforcement may be able to obtain evidence from social media platforms in various ways. First, they may be able to see anything that is public. Second, they may have a social media connection show information that is private. Third, they could employ a digital forensic expert to uncover information on social media platforms, including deleted conduct.

Prosecutors may obtain social media evidence by issuing subpoenas and obtaining the information directly from the social media platform.

Contact The Criminal Defense Team If You’re Accused of Committing a Sex Crime

If you’re concerned about how social media may impact your case, contact The Criminal Defense Team of Baldwin Perry & Wiley PC for help. We can give you advice on what to do with social media, help uncover evidence that is helpful to you, and work to minimize the negative impact of this evidence. Call us at (317) 743-3295 to for a free legal case review.

Can Social Media Evidence Be Used Against You in a Sex Crime Case?