Colorado Revised Statutes Section 18-3-402 provides for a penalty of four to twelve years or twenty-four years of incarceration in a Colorado prison if you are convicted of the crime of sexual assault. Thanks to the state’s indeterminate sentencing system, this could mean a lifetime behind bars. If you are falsely accused of this crime, there are things you should – and should not – do to protect your rights.
Don’t Talk to the Cops
Understandably, you want to clear your name, but you must keep in mind that law enforcement officers have one interest: getting a conviction for the offense. They sometimes get tunnel vision and think someone is guilty of a crime, and there is nothing anyone can do to convince them otherwise. By talking to police to clear your name, you might say something that could be used against you, such as that you were in a location where the victim was present, that they might have difficulty establishing without your admission.
Consider Why There Are False Allegations
Unfortunately, victims may make up lies or exaggerate for various reasons, such as:
- Trying to get an upper hand in a custody or other family law case
- Seeking revenge after a bad breakup
- Regretting a sexual act after the fact
- Being bitter because the defendant doesn’t want to be romantically involved with them
Carefully consider whether these or other reasons may be present in your case and share them with your Lakewood sexual assault defense attorney. This can help them prepare a better defense on your behalf.
Prepare a Witness List
You may need people who can testify about your character, whereabouts when the crime was committed, or events relevant to the accusations. This list might include friends, family members, coworkers, neighbors, or others with pertinent knowledge. Prepare a witness list, including the following for each potential witness:
- Name
- Address
- Phone number
- Employment
- How they know you
- What they can testify to
Don’t Speak to the Alleged Victim
You might want to try to talk to the alleged victim to clear your name or understand why they have falsely accused you, but don’t do this. It might be a violation of your bond terms, and it might be used against you. Let your defense lawyer handle your case.
Watch What You Say and Do
You may be under investigation, and prosecutors can subpoena people you interact with. They may search your social media channels for evidence to use against you. Conduct yourself as though you are being followed and closely monitored.
Speak to an Experienced Sexual Assault Defense Lawyer
The most important thing to do if you are falsely accused of sexual assault is to speak to an experienced Lakewood criminal defense lawyer. You are facing the full weight of the government and its hefty budget. You need to level the playing field to protect your rights. Start by reaching out to The Law Office of Elaine E. Lukic by contacting (888) 565-2217 or completing our contact form. You can schedule a confidential consultation with an experienced Lakewood sex crimes defense lawyer and former prosecutor.