In today’s time of victim empowerment where the police, prosecutors, and even juries are flipping the due process and fairness by presuming the credibility of the accuser in sex crimes cases. You will be presumed guilty simply by being charged with a sex crime. Your silence is more important than ever when charged or investigated with a sex crime. Never agree to speak with police or detectives before consulting with an experienced criminal defense lawyer. Even then, there is virtually no scenario where an offender should agree to speak with law enforcement about sex crimes accusations. Your reliable alibi or mistaken identity simply means nothing and you will not be believed.
Why Should an Offender Refuse to Talk to Law Enforcement in any Sex Case Investigation?
The reason criminal defense lawyers advise against speaking to police in sex crimes cases is because law enforcement officers seldom reach out to a suspect to rule him out. Instead, their motivation is to gather evidence to charge or convict suspects. This is because they do not care about the accused’s “side of the story” until they have interviewed the accuser (usually several times) and, in most instances, deemed his/her credible. More often than not, the result of speaking with the police is that the information given inadvertently supplies details that the police are seeking to use to help charge or convict the accused. The police or investigators are often looking for statements such as: “yes, I was with her but I didn’t do anything”; or “yes, we had sex, but it was consensual”; or “I can’t recall because we were both drinking”. While meant to profess innocence, such statements are more likely viewed as admissions to help build or provide evidence of the sex crime. At the same time, nerves, faulty memory, pressure, and intimidation can, and do, result in misstatements or inconsistencies which the police will use as evidence of untruthfulness. In short, the police are not your friends and are not looking to help you. They are instead motivated to make and prove their case, and let the jury decide.