What To Do When Falsely Accused Of Sexual Assault?
Talk To No One
Rule number one is everything sad by a suspect in a sex crime investigation is considered an admission under the law, and can be used in a courtroom against the accused if he is ever charged. Therefore, it is incredibly important for the accused to talk to no one. This is easier said than done, because an innocent person will want to tell everyone that they’re innocent. They will want to clear their name with friends, family members, co-workers, CPS, and the police. But they need to refrain from trying to do so. The accused should not answer any questions, make any statements, offer an innocent explanation, or apologize. It is a no-win proposition.
Any phone call received by an accused could easily be a controlled phone call that is being recorded by the police, and any apology could be twisted into a confession by the prosecutor. The accused needs to watch not only what they say, but how they say it. One off-color comment or joke can become a critical piece of corroborating evidence, which is incredibly important in these cases.
Hire A Lawyer
The accused needs to hire a lawyer who can act as a buffer between the accused and the victim, the victim’s family members, but more importantly the police and the prosecutor. The lawyer should specifically specialize in sex crime cases, because these cases are fundamentally different from other criminal cases (or any other case, for that matter). Once a lawyer is hired, the lawyer should do all of the talking for the suspect, because well everything the accused says is an admission, nothing the lawyer says can be used against the accused.
Establish A Timeline
It is especially important to establish a timeline, whether it is a child sexual crime, child molestation, campus sexual assault, date rape, or other sexual assault case. In a “he said, she said” situation, establishing the timeline is critical. The timeline should begin on the first day relevant to the accusation, and with the help of the attorney, include as much detail as possible. It should also be supplemented with any additional information and evidence available, including witness statements, texts, phone calls, photos, and social media posts on Facebook, Twitter, Snapchat, or Instagram.
Emails, texts, social media posts, and other electronic evidence may not exist forever, so it is important to obtain it as quickly as possible, as it could prove extremely useful in developing a strong defense. In fact, it can mean the difference between winning and losing. For instance, the victim might claim that the sex crime occurred between a certain timeframe, and the defendant might be able to prove that they were out of the country during that time. However, it is easy to look past this type of evidence and the importance of having a timeline.
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