What is a ‘word-against-word’ case in criminal law and how to defend it

/ Ashworth Lawyers/

In criminal law, a ‘word-against-word’ case arises when there are conflicting versions of an incident with little or no independent evidence to support either side.

These cases commonly arise in rape, sexual assault, indecent treatment of a child, or domestic violence cases.

An expert criminal lawyer should understand and can advise on the defence strategies specific for this type of case.

The role of evidence

In any criminal case, the prosecution bears the burden of proof and must establish the accused’s guilt beyond a reasonable doubt. In ‘word-against-word’ cases, the lack of physical evidence or independent witnesses often means the case hinges on the credibility of the defendant and victim.

Assessing credibility

Credibility is a critical factor in ‘word-against-word’ cases. The court will carefully evaluate:

Consistency - Are the complainant’s statements consistent across different accounts and over time?

Demeanour - How does the defendant and the victim present themselves while giving evidence?

Plausibility - Does the version of events provided by either party make sense and align with other established facts?

Motive - does either party have a reason to fabricate their account?

Supporting evidence

Even in cases without physical evidence, supporting evidence can play a key role in corroborating a party’s account. This might include:

  • Text messages, emails, or other communications

  • Medical reports documenting injuries

  • CCTV footage

  • Witness testimony about the parties’ behaviour before or after the incident

Defence strategies

An experienced criminal lawyer will know how to strategically raise doubts about the prosecution’s case. In ‘word-against-word’ cases, this may involve:

  • Highlighting inconsistencies or gaps in the complainant’s evidence

  • Presenting an alternate version of events

  • Demonstrating the accused’s good character or lack of motive to commit the alleged offence

  • Using expert witnesses to challenge the reliability of the evidence

The role of the judge or jury

In these cases, the judge or jury must carefully weigh the evidence and decide whether the prosecution has met its burden of proof. If there is reasonable doubt, the accused must be acquitted.

How experienced lawyers can help

Given the complexities of ‘word-against-word’ cases, engaging an experienced criminal lawyer is essential to give your case the best chance of success.  

Conclusion

‘Word-against-word’ cases are some of the most challenging in criminal law due to the lack of independent evidence and the high stakes involved.

At Ashworth Lawyers, our experienced Brisbane criminal lawyers have spent over a decade defending serious and complex crimes. Contact us today to see how our senior criminal lawyers can help.

 

This article is for informational purposes only and does not constitute legal advice. Contact us for tailored advice specific to your situation.