Many people are blindsided by a rape allegation. After all, a majority of allegations involve people who know each other. Maybe you went out on a date with a young woman and became intimate. Or possibly you were drunk at a party and woke up with someone in bed with you. You have no memory of using any coercion or force during the encounter. Yet, here you are: that’s what you’re being accused of.
Don’t Turn Over Your Cell Phone
Your cell phone might have important information, such as text messages from your accuser or even information about your physical location on a certain day. The police are asking to look at it for a reason.
First, you should never voluntarily hand it over, just as you never voluntarily hand over any piece evidence. If the police have probable cause to search it, they can get a warrant. Second, you might end up using some of this evidence to your benefit. Keep your phone in a safe location until your attorney can look at it.
Don’t Answer Police Questions
Police might ask you to come to the station to answer a few questions. Or they could show up to your home or apartment looking to talk. We recommend keeping silent. There is little to be gained by talking—and a whole lot to lose.
True, if you don’t talk, they might put cuffs on you. Many people fear this, so they talk thinking they can buy themselves time. But anything you say can be introduced into court later. If your memory is hazy about the time in question, you might say something you don’t really believe. It’s best to go over your version of events with a League City criminal defense attorney first.
Ask for an Attorney
These should probably be the first thing out of your mouth. If the police try to arrest you, only say, “I want to talk to an attorney” and don’t say anything else. They should let you call family members or a lawyer once you are booked at the station.
Don’t Contact Your Accuser
You might be shocked at the rape accusation. Maybe you think you can clear things up by calling your accuser. This is the worst step. You actually give the prosecutor a chance to charge you with witness tampering. Your accuser could also record your call and share it with the authorities.
Avoid Talking about the Accusations
You might be tempted to tell friends or family about the charges, just to take some pressure off your chest. We recommend discussing this with an attorney first. Although your family will find out eventually if you’re charged, you need to be thoughtful about how you bring it up.
Call Tad Nelson Immediately
Our law firm will quickly jump in to defend you against rape or sexual assault charges. The sooner you contact us, the better.