Getting accused of a sex crime in Philadelphia, such as rape, sexual harassment, or sexual assault is a serious allegation. There are potentially long-lasting consequences, such as damaging your career and relationships, the social stigma of being labeled a sex offender, and imprisonment.
That is why, to achieve a favorable outcome, it’s critical to acknowledge the gravity of the situation, request the legal guidance you need to protect your rights, and take the proper measures to navigate the legal system carefully.
Here are ten steps to take if you are accused of a sex crime:
Don’t Speak to Investigators Without an Attorney
From this point forward, anything you say can be used against you in court. And since you face serious allegations with potentially severe repercussions, you cannot risk the possibility of police, law enforcement, or authorities misinterpreting a statement or pressuring you into self-incrimination. If investigators contact you about answering questions or sharing your side of the story–as much as you might want to defend yourself and clear your name–firmly but politely exercise your right to remain silent by requesting that you speak to a lawyer and then sticking by that decision. Do not talk without an attorney!
For a free legal consultation, call 215.515.3360
Hire a Reputable Criminal Defense Attorney
When your livelihood, reputation, and relationships are at stake because of rape, sexual harassment, sexual assault, or other accusations, you need the backing of a seasoned Philadelphia criminal defense attorney such as Marni Jo Snyder and Brianna C. Shaw. Trust them to review your case thoroughly, provide legal guidance, and create a strategy tailored to your circumstances. From determining if constitutional rights were violated to identifying weaknesses and inconsistencies in evidence to negotiating a plea deal, your lawyer will work diligently to achieve the best possible result.
Educate Yourself on the Legal Process
Learning more about Philadelphia’s legal procedures for sex crimes will allow you to take on a more involved, informed, and confident role in your defense. As a result, you will likely help reduce the amount of time your Philadelphia defense attorney spends explaining the “why” behind their instructions or recommendations. Understand that your future is on the line, and you are responsible for protecting your rights alongside your attorney. The more information you learn, the more your defense becomes more engaged and productive. And don’t forget, your sex crimes defense is on your side. Remember, the more that you share with your attorney, who keeps everything confidential and does not judge, the more your attorney can work with towards a better outcome for your case.
Gather, Document, and Preserve Evidence
Locate and secure any items that could help support an alibi, show consent, or disprove accusations, including text messages, emails, social media interactions, receipts, timecards, surveillance footage, and photos of injuries. Back up your phone and computer data to a reliable cloud storage service for digital evidence. As for potential witnesses, anyone who could vouch for your whereabouts, actions, or intent during the alleged incident may be instrumental. Pass witness names and as much contact information as possible to your attorney right away. Contacting witnesses yourself may not be a good idea, but you must identify potential witnesses for your legal team.
Organize a Timeline of the Events
Since memories fade over time, list all the events shortly before and after the alleged incident as soon as possible in a secure message to your attorney. Doing so can help make all the pieces fall into place regarding a potential alibi, witnesses, and evidence. Remember that every detail matters in a rape, sexual assault, or related case and is worth scrutinizing, regardless of how insignificant it may initially seem. Aim to account for all periods without any gaps. From here, your Philadelphia sex crimes attorney can help determine what information is meaningful to your defense.
Steer Clear of the Accuser
Although it might be tempting for you to contact the person accusing you of a sex crime if you view it as a misunderstanding, this could lead to harassment, intimidation, or witness tampering accusations. In addition, if a judge or official issued a no-contact order, you would be in violation even if the other person willingly communicates with you. Avoid worsening an already complicated situation by cutting off communication entirely.
Don’t Discuss the Case with Others
Discussing accusations with your Philadelphia sex crime attorney is confidential and safe from disclosure since it is “privileged,” but this rule only relates to attorneys. Since conversations with friends and family are not confidential, it is essential to stay tight-lipped. Moreover, please refrain from asking others for advice since, although they may mean well, they are not legal experts. Discussing the case with anyone besides your lawyer could make them a witness to testify against you.
Stay off Social Media
As you might expect, disparaging your accuser or sharing your perspective of the alleged incident could be considered harassment. But even seemingly unrelated messages, posts, comments, or likes may be taken out of context and misrepresented in court, jeopardizing your defense. In addition, indirect or incidental interactions could be perceived as witness tampering or intimidation. Assume the prosecution monitors your social platform and refuse to give them additional material to work with.
Seek Emotional Support
Be sure to prioritize your mental health, as handling a sex crime accusation can be emotionally taxing. Eating healthy, exercising regularly, practicing mindfulness, joining a support group, and meeting with a counselor or therapist are common ways to manage and reduce stress, anxiety, and depression. By taking measures necessary to elevate your mental health, you can maintain focus and a clear and healthy mindset, helping you navigate the complexities of the legal process.
Consider Bringing on Experts
Your Philadelphia sex crimes attorney can help identify areas of your defense that could be strengthened by hiring an expert. Examples of scenarios that could play out in your favor include: a private investigator spots inconsistencies in the accuser’s statements, a forensics expert reveals evidence was mishandled or contaminated, a medical expert suggests alternative explanations for injuries, a digital forensics expert recovers deleted messages, or a psychologist testifies that mental health factors influenced the accuser’s allegations and affects their credibility. Consider employing the services of a specialist if they can help poke holes in the prosecution’s claims.
Final Thoughts
Facing a sex crime accusation is a daunting experience, but taking the proper steps can help protect your future. You strengthen your case from the start by securing a skilled criminal defense attorney, remaining silent, and gathering key evidence. Avoiding social media, cutting off contact with the accuser, and seeking emotional support can prevent complications. Staying informed, working with experts, and following legal guidance will help you navigate the process effectively. A proactive and cautious approach is essential to securing the best possible outcome.
