Being accused of any crime is distressing, but a false accusation of either sexual assault or aggravated sexual assault can be particularly distressing. Emotional distress can cause you to make serious mistakes that could hurt your case.
For that matter, many of those who are legally guilty of date rape make the same mistakes.
Avoid these mistakes to make your case as strong as possible.
When you get arrested, your very first impulse may be to start attempting to convince the police that you’re innocent and you don’t know what the victim is talking about. Police will certainly encourage this behavior by displaying tons of false sympathy in the interrogation room.
In reality, you’re just handing a prosecutor lots of evidence to use against you. You may think everything you’re saying should help you. In fact, it won’t take much for a prosecutor to twist almost every word until it works against you instead.
Exercise your right to remain silent and your right to an attorney.
Your next impulse will be to reassure everyone in your personal circle that you’re innocent. You’re going to want to repair your damaged reputation more than you want to do just about anything else in the world.
Resist the impulse. Let them believe what they’re going to believe for now. Tell them your lawyer is handling it. If you and your lawyer have determined you’ll be pleading “not guilty,” you can tell them that.
If you tell them more, you’re opening them up to being called as a witness for the prosecution. They can be forced to testify as to what you told them, whether they want to or not. Your communication with your spouse is privileged unless she waives the right or wasn’t married to you when you’re being accused of committing the crime. Your communications with your therapist are confidential unless you tell them you intend to commit another crime. As long as you reasonably expect privacy, communications with your lawyer are privileged.
Don’t talk to anyone else.
By the way, this includes trying to reassure everyone on your social media feed that you’re innocent. All social media communications may be printed and used against you in court.
The National Sexual Violence Resource Center found that 20% of college-aged defendants attempt to contact their alleged victims after the charges are filed. Sometimes they’re trying to make amends with the victim. Some are trying to intimidate or threaten the victim into dropping charges. Some are even trying to get back together with the victim.
Don’t do any of this. You could open yourself up to additional charges, such as tampering with a witness, harassment, or stalking. You should consider the victim to be out of your life. Even if you’re acquitted, that person levied a grave accusation against you. There’s no coming back from that.
If you’ve been accused of date rape, you have a right to an attorney. Protect your life and freedom by working with the experienced attorneys at Greco Neyland.
Contact us to schedule a case review today.
See also:
Why You Shouldn’t Talk to Your Friends and Family Members About Your Houston, TX Criminal Case
Is it a Good Idea to Take a Polygraph if Accused of a Crime in Houston, TX?
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