10 Things to Know if You Are Accused of Rape

  1. First and foremost do not provide any statements to law enforcement without an attorney being present. Understand an allegation can be made by the simple act of someone calling the police. Allegations can and are often made without any physical evidence. Once an allegation is made, understand a detective will likely reach out to you. A smart detective will try to question you before you are placed under arrest, as opposed to after you are arrested.
  2. Understand law enforcement is permitted to lie to you. Officers can and do lie to obtain statements from suspects. An extreme example outside of this context might be a detective telling a suspect that they've found blood in the suspect's car during a murder investigation. While this may be a fabrication, any incriminating statements made by the suspect can be used against them. A more common example is when a detective says they haven't made an arrest decision and they just want to talk to the suspect to "get your side of the story." Nothing could be further from the truth. Once an allegation has been made, without some sort of legal intervention, an arrest is virtually inevitable.
  3. The detective will likely ask you to come in voluntarily. When you go in voluntarily you are not in custody. As a result, the detective will not read you Miranda Warnings and he will not inform you that you have the right to speak to an attorney. He will lead you to believe that your side of the story may set you free. I have never seen a person talk their way out of a sexual assault charge. Its is imperative for you to consult with an experienced criminal defense attorney before you talk to anyone.
  4. Do not talk to anyone else regarding the allegation. If you talk to your friends, co-workers, or neighbors about the allegations you are facing, the detective or prosecutor may be able to subpoena them for trial to elicit any statements you may have made that were against your interest.
  5. Understand the alleged victim may be asked to do a SANE exam. A Sexual Assault Nurse Examiner may conduct a SANE exam. A Registered Nurse can become a SANE by attending additional training and obtaining SANE certification. SANE examinations look for the presence or absence of physical evidence that could be consistent with a sexual assault. A sexual assault medical forensic exam may be completed on an adult or a child. There may be innocent reasons for certain findings. Do not talk to anyone other than any attorney regarding any alleged SANE findings.
  6. A detective might confront you with alleged findings, accusations, or witness statements. You will be tempted to make statements that you believe will exculpate you. However, understand that detectives are generally experienced in eliciting the responses they want indirectly.
  7. Child Protective Services (CPS) may become involved. If you have children or live in a home with someone under the age of 17, CPS will likely interview your spouse and children. They often pull students out of their classes to interview them without a parent present.
  8. You may have to move out of your house. If there are children in your home or if you live within a child safety zone, you may be required to move out of your house by CPS or based on bond conditions set forth by the judge.
  9. Be prepared to make bond. A bond on a serious felony case may be in the six digits. Most bondsman will charge 10% to 20% of the face value of the bond to post the bond for you.
  10. Expect bond conditions once you are arrested. In addition to paying a surety or a promise to return to court, expect that the judge will require certain conditions of you. These conditions will include a prohibition against breaking any local, state, or federal laws; a requirement that you refrain from using any drugs not prescribed to you, and may include a number of other conditions such as a GPS monitor or a prohibition from being around anyone under the age of 17.

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