I Am Being Investigated for a Sex Crime. Should I Talk to the Police?
Learning that you are under investigation for a sex crime can be frightening. A detective may call asking you to “come in and clear things up,” or officers may show up at your home or workplace with questions. You may believe that if you simply explain your side of the story, the matter will go away. Unfortunately, this could lead to serious problems. Understanding your rights before, during, and after an investigation is one of the most important steps you can take to protect your future.
The Right to Remain Silent
The Fifth Amendment protects people from being forced to incriminate themselves. This right applies during police questioning. The “Miranda rights” that protect a person against incrimination include the right to remain silent and the right to an attorney. You do not need to wait for police to inform you of your Miranda rights before you can invoke the right to remain silent. You can simply state that you will not answer any questions without having an attorney present.
Why Talking to Police Can Be Risky
Investigators are trained to gather information that they can use to build a criminal case. Even if you have done nothing wrong, you may say something during an interview that could later be used against you. Issues that could affect you in these cases include:
- Misstatements: If you are nervous or are confused about the reasons for questioning or the accusations against you, you may make statements that sound inconsistent. This could be used to call your credibility into question.
- Denials: A flat denial of the accusations could be compared to other statements or evidence, and police officers may believe that you were being deceptive.
- Apologies: Saying “I am sorry this happened” or making other similar statements could be framed as an admission of guilt.
- Voluntary Evidence: Agreeing to a polygraph test, handing over your phone to officers, or providing a written statement could provide investigators with evidence that could be used against you later.
How Your Words and Actions Can Be Used in a Criminal Case
Statements made to police may be recorded, and video or audio evidence could be used during a criminal trial. Even if you made verbal statements to officers outside a formal interview, they may testify about what you said, your demeanor, your credibility, and other factors. If you contact the person who made the allegation, even to apologize or ask questions, this could be viewed as attempts to influence a witness or interfere with an investigation. For these reasons, it is usually best to avoid discussing the allegations with anyone other than an attorney.
Penalties for a Sex Crime Conviction
A conviction for an offense such as sexual assault, indecency with a child, online solicitation of a minor, or possession of child pornography can lead to serious criminal consequences, including:
- Incarceration: Many sex offenses carry lengthy prison sentences, and you could be required to spend years or decades behind bars.
- Fines: Courts will often impose substantial financial penalties of thousands or tens of thousands of dollars.
- Sex Offender Registration: State laws will typically require you to register with law enforcement after serving a criminal sentence. These registration requirements can last for years or for the rest of your life.
- Collateral Consequences: A conviction can affect your ability to find employment or a place to live. You could lose custody of your children. Other issues may affect your life, your reputation, and your personal relationships.
Civil Liability for Sex Crimes
Criminal charges are not the only way a person may be affected by accusations of sex crimes. The person who made the allegation may also file a civil lawsuit seeking monetary damages for the harm they have suffered. In a personal injury case, an alleged victim may take action to recover compensation for their medical treatment, income they have lost due to an offense, emotional trauma, and other damages. A person accused of a sex crime could potentially face civil liability even if they are acquitted of criminal charges.
How an Attorney Can Help
A criminal defense attorney understands the laws that apply in sex crime cases and the ways investigations unfold. They can communicate with investigators on your behalf, help you make decisions about whether to answer questions, make sure your rights are protected, and build a defense strategy. Legal representation can make a meaningful difference in how a case proceeds, from the earliest stages of an investigation through a criminal trial.
For those who have experienced harm due to sex crimes, a personal injury lawyer can provide representation during a civil lawsuit. They can take steps to recover compensation that will address the injuries and damages caused by a sex crime.