Expert Advice When You Need It Most

What to Know if You Are Accused of Sexual Assault

Written by: Jason William Savela

Reputation Level 7

Posted over 2 years ago. Applies to Colorado, 4 helpful votes, 0 comments

Save

Share with:

Do Not Talk to the Police

An investigation of this crime usually assumes you are guilty and will use everything you say to try to incriminate you. The police likely will not write down everything you say, just the bad stuff. They may twist your words. They are trained to do this and you are not. The only words out of your mouth should be "I want an attorney." You have no idea what is missing in their case and you do not want to unwittingly supply the proof.

Beware of the Pre-Text Phone Call

A common investigative tool is to have the alleged victim call you. This call will be recorded by the police. The police will coach the AV to ask you questions that will eliminate defenses or things they need to prove. You may feel that if you say certain things, the AV will drop the whole thing. That is the design. It is not what will happen. Just listen. You should not say anything. You should hang up. This is a trap. You have no idea what is missing in their case and you do not want to unwittingly supply the proof.

Do not Consent to a Search or Request

The police may contact you. They will be nice and ask questions. They may suggest they do not believe the allegations. They may outright lie to you. These are all ploys to get your cooperation. If they ask a question, they are seeking your consent. If you do not know if it is a question, ask "do I have to." Say affirmatively, "I do not want to." Immediately ask for an attorney. Say nothing else. Make them get a warrant.

Get an Attorney

The best thing to do is get a qualified attorney. This is an experienced criminal attorney that has handled sexual assault trials. In this situation, often the more expensive, the better the attorney. Anyone that suggests a case can be handled for less than $20,000 is probably worthless. I suggest $50,000 to 100,000. In Colorado, a finding of guilt will subject you to a lifetime in prison. How much is that worth? The worst thing you can do is not take this case seriously.