Being accused of a sex crime is a big deal. Whether the allegation is true, an exaggeration, or totally false, how you respond can impact the outcome of our case. Even before your case is heard, allegations can create immediate consequences for your social and professional life. It’s critical to stay calm and make decisions that protect your rights.
If you’ve been accused of a sex crime, here’s what you need to do next.
Contact a lawyer immediately
Contacting an attorney is the first and most important step you can take after being charged with a sex crime. The sooner you get legal guidance, the less likely you are to make mistakes you can’t correct. Law enforcement and key investigators will use a variety of tactics to try to get you to talk if you don’t have a lawyer present in the room with you. Anything you say can be used against you later. Even if you think you can explain the situation to clear things up, everything you say could be twisted by the prosecution to support their case.
When facing sex crime charges, it’s critical to choose an attorney with experience defending cases just like yours. A general criminal defense attorney won’t cut it. You need guidance from someone who understands the legal nuances of sex crime cases.
Invoke your right to remain silent
Don’t make the mistake of talking to investigators, no matter what. Talking can only work against you. Even if you’re just trying to clear up a misunderstanding or explain something seemingly innocent, everything you say can be used to support the case against you. Having any kind of conversation with investigators can create complications that won’t necessarily work out in your favor.
Prosecutors and investigators might ask you to participate in an interview framed as an opportunity for you to explain your side of the story. Don’t fall into this trap. Invoke your right to remain silent and request an attorney immediately. Once your attorney is with you, let them handle the discussions and advise you when it’s appropriate for you to make a statement. Remaining silent doesn’t mean you’re guilty. It means you understand your constitutional rights.
Preserve evidence quickly
The more evidence you can gather in your defense, the better. If most of that evidence is digital, it’s critical to gather it as soon as possible. For example, if you have messages on social media, take screenshots because on some platforms, access to messages disappears when someone deletes their account.
Write down all the details you can remember before they fade. Include dates, locations, and conversations that might be relevant. If there were any witnesses to key events, document that because they might need to be called as witnesses.
Most importantly, don’t delete messages or modify any records. That can create more problems for your case by damaging your credibility.
Pretend social media doesn’t exist
Anything you do on social media can be used as evidence against you, even if you don’t see how. Prosecutors and investigators will scour your social media accounts to look for anything they can use against you, whether it’s a recent photo or a comment from three years ago. It’s critical to refrain from discussing your case online. Even vague posts, jokes, and emojis can be used against you.
If your accuser is on social media, don’t comment, like, or share their posts, and don’t make any attempt to contact them directly or indirectly. Depending on your situation, even liking a post could violate a protective order issued by the court and create additional allegations.
Remember that your privacy settings on social media don’t guarantee confidentiality. Anyone can take and share screenshots of your content and direct messages. Expect that anything you’ve posted online could come up during your case.
Prepare for potential long-term consequences
Sex offense allegations can impact your housing, job, and personal relationships. Don’t disclose anything to your employer without consulting your attorney. However, be prepared to encounter some resistance if your case results in a conviction.
Being charged with a sex crime can take a toll on your emotional health, so seek emotional support from people you trust. If you don’t feel like you can talk to anyone you know, consider professional counseling or a support network of people facing similar situations.
Protect yourself
Sex crime accusations are serious, and it’s critical to remain silent until you can talk to a lawyer. Every case is unique, so legal guidance is essential. By staying calm and listening to your attorney, you’ll be in a stronger position to work toward the best available outcome.
