It would
be nice to think that law and order was a black and white affair: this action
is illegal and deserving of a prison sentence, while that action is legal and
undeserving of censure. The truth is much murkier, especially when it comes to
situations where it is one person’s word against another. Fortunately, modern
technology comes to our rescue here too, as in so many areas of life, with
digital forensic investigation.
Text and Call Information:
Situations
can get out of hand and what starts out as a friendly date can turn into an
awkward encounter. In worst-case scenarios, it can end with an accusation of
rape or sexual assault.
Age fib:
Sometimes
people can lie about their age and it can be hard to tell the difference
between a legal eighteen-year-old and a mature fifteen-year-old. This is often
a highly sensitive situation, as children are, rightly, deserving of the full
protection of the law, but it can happen where the other party is innocent of
any wrong intention and completely unaware that they have been deceived. Taking
someone’s word for their age should not be a crime, but it can happen that a
charge of statutory rape is laid. Having a private investigation service
uncover text and email proof that the age given was legal, and being able to
show a reasonable assumption of a legal and consensual relationship, will give
you a better chance of earning leniency from a judge or the prosecution service.
Cheat:
Being
caught cheating can sometimes lead people to lie. It is easier to say ‘they
forced me’ than to own up to a moment of lust, but if the cheated upon partner
then insists on a police case being opened, you might be forced into making a
defense. Having proof that the meeting and the sex were consensual can get you
off the hook, leaving the cheat with some questions to answer to his or her
partner!
Regret:
Rarely,
people can regret the impulsion to a one-night stand. Sometimes this is, as
above, because they have a partner already, at other times it could be because
they have religious beliefs or other moral concerns over their own behavior
which they alleviate by putting the blame on the other person concerned: unfair
and illogical, but humans are messy and emotional sometimes! Again, proof
positive of their consent can be found on a mobile phone through cell phone
forensic investigation.
GPS Data:
GPS data pinpoints where the
phone user is at any point in time and accurately reading this can help to
confirm your story or show holes in an accusation.
It is this last point where mobile phones can really help in a situation where
actions can be ambiguous or open to several interpretations. If a narrative
does not line up with text and GPS data it is easier for a defence lawyer to
unpick that narrative, providing doubt about the accusation and leading to a
(deserved) acquittal and dismissal of charges.