Text messages and social media may become evidence in teen dating violence cases. Conversations through text, direct messages, social media posts, photos, and videos may provide information about the relationship, an alleged incident, or what happened before or afterward. Attorney Nabiel C. Ahmed of The Law Office of Nabiel C. Ahmed recommends that anyone involved in a case like this preserve all messages, posts, and media in their original form and avoid deleting anything, even if it seems unhelpful.
Digital evidence does not necessarily prove an accusation by itself. Questions may arise about who sent a message, whether a screenshot shows the entire conversation, or whether content has been altered or taken out of context. The rules for admitting electronic evidence vary by jurisdiction, but courts generally require some basis for establishing that the evidence is authentic.
How Can Text Messages Be Used as Evidence?
Text messages may be relevant when they contain threats, admissions, repeated unwanted communications, or statements about an alleged incident. Messages exchanged before or after an incident can also provide context about the relationship and the events surrounding an accusation.
A single message may not tell the entire story. Earlier or later messages could change the meaning of a statement or provide additional context. Investigators and attorneys may therefore examine a complete conversation rather than relying on one isolated message.
Can Social Media Posts and DMs Be Used as Evidence?
Social media content may be used as evidence when it is relevant to an allegation or defense. This can include public posts, comments, direct messages, photographs, videos, and other account activity.
For example, a post could contain a statement about an alleged incident. A photo or video might provide information about where someone was or who was present. Private messages between the people involved could also shed light on their relationship or communications surrounding the allegations.
Whether particular social media evidence can be admitted in court depends on the applicable rules of evidence.
Does a Screenshot Prove Who Sent a Message?
A screenshot showing a name, username, or social media account does not automatically establish who created or sent the content.
Electronic evidence generally must be authenticated before it can be admitted in court. This typically requires sufficient evidence to support a finding that the communication is what the party offering it claims it to be. Depending on the circumstances and jurisdiction, authentication may involve:
- Testimony from someone with relevant knowledge
- Information from a device or account
- Surrounding messages or conversations
- Timestamps or other identifying details
- Other evidence connecting the communication to a particular person
Questions may also arise when screenshots appear incomplete, edited, or inconsistent with other evidence.
What Happens to Deleted Texts or Social Media Posts?
Deleting a text, direct message, or social media post does not necessarily mean every copy of it is gone. Potentially relevant content may still exist because:
- The other person saved the communication
- Someone took a screenshot before it was deleted
- The content was forwarded or shared with another person
- A copy remains on another device or account
Because electronic communications could become relevant evidence, deleting or altering potentially important material after allegations arise can create additional problems. Someone facing an accusation should generally preserve potentially relevant communications rather than attempting to change or remove them.
Can Digital Evidence Help the Person Accused?
Digital evidence can also challenge an allegation or provide context that is missing from an accusation.
For example, a complete message thread could show that a screenshot left out surrounding statements. Messages might contradict an account of what was said or when an event occurred. Photos, videos, timestamps, and other electronic information may also provide evidence relevant to the defense.
The significance of digital evidence depends on what it shows, whether it can be authenticated, and how it relates to the other evidence in the case.
What Should Someone Do With Potential Digital Evidence?
Someone facing a teen dating violence allegation should avoid deleting, editing, or altering messages, posts, photos, videos, or other potentially relevant material. Preserving original communications and complete conversations can allow an attorney to evaluate both the content and its context.
The accused should also be cautious about contacting the person who made the allegation. If a restraining order, no-contact order, or another legal restriction is in place, attempting to send messages could violate that order. Trying to obtain an explanation or resolve the situation through new messages could also create additional evidence.
Speak With an Attorney About Digital Evidence in a Teen Dating Violence Case
Text messages and social media can provide evidence for either side of a teen dating violence case. Their significance may depend on the complete conversation, the circumstances surrounding the communication, and whether the evidence meets the applicable requirements for use in court.
A criminal defense lawyer can examine relevant digital communications alongside the other evidence and address questions involving authorship, context, and admissibility.