I was falsely accused of rape and the police just called to question me – should I talk to them? This is a call we receive quite often because it is our client’s first instinct to cooperate with the police when they know they have been falsely accused of a crime, especially one of a sexual nature. However, talking to the police without retaining an experienced criminal defense attorney could lead to disastrous results later.
Anything you say to the police can be used against you if charges are formally filed. You have a legally protected right to remain silent when police want to question you regarding an ongoing investigation. If the police call you or come to your house to investigate, do not panic. Do not speak to the police regarding the alleged crime or even try to explain your innocence. Simply remain silent and tell them that your attorney will be in contact. Don’t get tricked by the police. Most people do not realize the police can lie to you to obtain a confession. They may say things like “We have you on video” or “We have a taped conversation of you admitting it.” Do not fall for this trick. Remember, if the police had solid evidence against you, they would just arrest you and not need a confession. Additionally, is also important to not discuss the potential charges with family members or friends. Anything you tell them could also be later used against you if the prosecutor chooses to call them as a witness during trial.
While you should not talk to the police regarding the alleged crimes, you should still take the accusations seriously. After you have contacted an attorney, you should think of potential witnesses who can testify to your innocence or any potential alibis which could discredit the accusations entirely. An attorney will be able to work with the police more effectively with this information to help you get the best result. With this information, an attorney may be able to show the police there was consent during the encounter. Alternatively, they can also prove there is insufficient evidence that a crime occurred. If the police can not prove a crime happened beyond a reasonable doubt, then charges would be dropped, and your name cleared. However, it is very unlikely to have this outcome if you do not contact an attorney in the initial stages of an investigation.
All conversations with your attorney are confidential due to your attorney-client privilege. Through these frank conversations, your lawyer will advocate on your behalf to deal with your accuser’s threats and have charges dropped or reduced as quickly as possible. They will protect your rights to ensure the police do not use skewed information or statements against you. With the help of your retained attorney, they will work to have your name cleared and have the actual offender charged with this crime. Justice for a falsely accused rapist is possible, but you must contact an attorney as soon as possible, especially when police are actively investing the crime, to ensure you have the best chance for an equal defense.