Avoid Talking to the Alleged Victim in Your Case – It Could Be a Pretext Call
This technique is called a pretext call. Police will have your “victim” call you to talk things over. In Sexual Assault / Rape – C.R.S. 18-3-402 or Sexual Assault on a Child – C.R.S. 18-3-405 cases, they will have your alleged victim ask questions such as “do you remember that night we had together?” or, “why did you hurt me?” A conversation like this is dangerous. If you answer “yes,” or simply don't denounce it vehemently, it could look worse for you in court as the recording is played. A jury can be swayed by the seeming lack of emotion in your voice, or the fact that you didn't immediately deny any allegations.
Pretext Calls Will Catch You Off Guard in Denver
A pretext call can catch you with your guard down. We all know that we have the right to remain silent (5th amendment) when police call you searching for evidence. But, when someone you know calls, you are less likely to be suspicious. If you receive an innocent call from a child or woman, the best thing to do is to disagree strongly with any allegations or any hint the caller makes at any wrongdoing on your part then, hang up. This will cause the police to reevaluate the allegations of your “victim” of any sexual misconduct.
What is at Stake: The Consequences of a Sex Offense Conviction
Sexual assault and incest allegations in Douglas, Jefferson and Broomfield County can become even more serious if you fail to vehemently deny any allegations, or if you admit to any guilt. Juries are predisposed to make decisions in favor of women or children. They aren't inclined to think that a child would make false allegations. Allegations of sexual misconduct are serious, and DAs and the police in Denver, Larimer and Weld County often bend the rules to get a conviction, such as making pretext calls. Society cheers when another sex offender is caught – they hardly bother to ask if the accused is innocent or not.Request a Free Consultation