Online dating entrapment
These situations are prone to misunderstanding and miscommunication about sexual boundaries. Do not communicate with or respond to any online dating solicitations.
You do not know if someone attempting to contact you may be a friend of the alleged victim or the alleged victim using an alternate profile name and picture.
Although past online activity may be excluded under Kansas Rape Shield Law (K. Although DNA evidence often plays a pivotal role in cases where the defense is complete denial that the alleged sexual activity occurred, DNA does not always play as significant a role in cases where both parties agree that the sexual activity happened and the only issue is whether or not the activity was consensual. In any case involving allegations of Rape, Sodomy or Sexual Assault, thorough and effective cross-examination of the complaining victim is often the key to a successful defense.
In these cases, information contained in the Sexual Assault Nurse Examiner’s report (S. The alleged victim is frequently emotional and jurors are naturally sympathetic.
Through and aggressive defense will require issuing a Business Records Subpoena to the dating website for all evidence associated with the complaining parties’ profile and user activity.
Entrapment Is Defined as Encouraging an Individual to Perform an Activity They Normally Would Not However, case law will define entrapment as law enforcement creating a situation wherein the defendant is encouraged to do something that the defendant ordinarily would not have done.
It’s not as though the person is doing something that they were not ordinarily or otherwise predisposed to do.
In my opinion, I think it really smacks of entrapment, but the courts will say that the defendant in the sting operation is simply doing that which he was already predisposed to do.
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Interviewer: Can you explain the primary defenses to prostitution charges that are frequently utilized, such as entrapment and mistake?