What to do if Accused of Criminal Sexual Conduct/Rape

An allegation of criminal sexual conduct/rape made against you is terrifying  Not only do you face a criminal accusation, but it jeopardizes your reputation with family, friends and society. Anyone can be charged with sexual misconduct. Variations of this crime include sexual harassment, sexual assault, molestation of a minor, creation and/or possession of child pornography and rape. All are serious offenses for which you could serve time. If accused of criminal sexual conduct, take these steps immediately to defend yourself.

  1. Close your mouth. It is imperative you think before you speak with an accuser, law enforcement or any other party. Do not talk with anyone, including the press, regarding the allegation or allegations before you obtain an attorney and then only with his permission.
  2. Contact an attorney who has experience successfully defending persons accused of sexual misconduct. Put the lawyer on a retainer if you can secure the funds to do so. If charged with a crime, remember you have the right to legal defense even if you cannot pay for it. A court appointed defender will be assigned to you.
  3. Review all interactions you have had with your accuser and give this information to your attorney. Write down everything you remember with regard to your history with the accuser with exact dates if possible, approximate ones when in doubt.
  4. Collect any material that documents your relationship with the accuser such as letters, emails, pictures and videos. Share all information with your counsel even if you believe something might be incriminating. It is your attorney’s job to defend you to the best of his ability.
  5. Create a log with information regarding your whereabouts and actions since the time you first met the accuser. If this is impossible due to a long history with the person, try to cover the most recent weeks of your life. This information could help you establish an alibi in case the accuser pinpoints certain dates and times of alleged crimes.
  6. Write down a list of possible witnesses. This includes anyone who might be for, neutral or against you. Your attorney might need statements from any or all of these people. Do not talk to them yourself without your attorney.
  7. Keep daily notes as to developments with your case. Include dates, who you spoke to, what was said and any other pertinent details. Be meticulous in your journal so you and your defense can depend upon its accuracy.
  8. Do not commit any crimes while under investigation. These include such acts as driving under the influence of an intoxicant, disturbing the peace and domestic violence. Stay under the radar as much as possible.
  9. Stay away from your accuser and those close to her. If you work with the complainant, consider taking a leave of absence or a transfer. Avoid family functions should the accuser be related to you.

Should you require further information and assistance, please contact us.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.