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Worst Nightmare
You meet a girl at a bar or a party or on a dating app. There is chemistry. There is flirting. Excitement. Maybe nude pics are shared. You take an Uber home together. You have sex. It’s a good night.
The next morning everything appears normal. Maybe you slept in together. Maybe you spent the morning talking. Maybe you got breakfast. You agreed to get together again soon.
Then a week or two later, a detective calls to ask about the sexual encounter. Suddenly, what you thought was a good night has become a nightmare. Your worst nightmare.
Do Not Talk to the Police
If you have not talked to the police, don’t. Don’t talk to them on the phone. Don’t make an appointment to go to their office. If you made an appointment, don’t go.
You have the right to remain silent, and you should invoke it. What you tell the police “can and will be used against you.” What you tell them is rarely used to help you.
The police will often say that it’s in your interest to give them “your side of the story.” However, they already know your side of the story: that you believe you had consensual sex and are innocent. And the police probably think you’re guilty or they would not invest time talking to you.
If you’re worried about not talking to the police affecting your case you can say “my lawyer says not to answer questions especially because I’m innocent.”
If you have talked to the police, don’t panic. Most people want to talk to the police, especially when they are innocent. While talking to the police rarely helps, it does not always make it worse. Telling the police you’re innocent and the sex was consensual.
Preserve Evidence
Do not delete anything.
Preserve text messages, photographs, dating-app conversations, social-media messages, call histories, emails, location data, receipts, rideshare records, and any other information connected to the encounter.
Some of this material may be private or embarrassing. Preserve it anyway.
Messages before and after the encounter may provide important evidence concerning the relationship, your plans, what happened that night, and how you communicated afterward.
Do not assume that law enforcement will locate and preserve every piece of evidence that may help you.
Do Not Contact the Accuser
Do not call, text, message, or confront the person who made the accusation.
Do not ask why she reported you. Do not ask her to “tell the truth.” Do not ask a friend or family member to contact her on your behalf.
Even a calm message can later be characterized as pressure, manipulation, retaliation, or witness tampering. Contact may also result in a protective order or additional criminal charges.
Let your attorney decide whether any communication or investigation is appropriate.
Consult an attorney.
Talking to an experienced criminal defense attorney can do several positive things for you:
- Give you hope: Right now you probably have a lot of fear and anxiety and getting the perspective of an experienced attorney can alleviate much of that fear and anxiety.
- Give you a plan: Your attorney can craft a strategic plan for your case so you can start fighting back agains the false accusations.
- Give you a guide: A good attorney does more than handle your case, they can be a guide through a difficult and complicated criminal justice system. Having the situation explained and your questions answered alleviates a lot of stress.
Keep Living Your Life
These types of cases can take a long time to resolve so you cannot wait for it to be over to continue your life. A pending case can create roadblocks at work and school, do your best to move forward the best you can. A big obstacle in sexual assault cases is defendant fatigue. A tired defendant risks accepting a plea deal just to make the case go away, not because they are guilty.
Conclusion
Being accused of sexual assault can change a good night into a nightmare but you cannot lose hope. Keep your right to remain silent, contact an attorney and keep living your life the best you can until the case is resolved. Remember, it is often a marathon, not a sprint.