Quote:
Originally Posted by NDfan
The defense is reporting they have a text from the victim stating she was not raped. This seems to be their home run evidence. I am not an expert in law, are text messages admissible evidence? How can you prove who sent/wrote the text?
Texts are admissible and are treated no different than any other communcations (e.g. the standard rules of evidence regarding authentication apply).
The law on authentication of text messages is developing and differs by state. However, typically its enough to show that it was sent from the partiy's phone number and there is no indication the phone was being used by someone else. You could also show that around the same time, she was sending texts to other people from her phone.
Alternatively, they could just ask her if she sent it and unless she lies, that is authentication.