What to Do After Being Charged With Sexual Assault In Colorado

Colorado takes sexual assault very seriously. A conviction for sexual assault is a conviction for a class 4 felony with lifelong consequences, including incarceration, fines, a permanent criminal record, and registration as a sex offender.  Law enforcement can charge a defendant with sexual assault with little or no evidence against them, making a strong, assertive defense critical.

If you’ve been charged with sexual assault in Colorado Springs or are under investigation, it’s crucial to understand your rights and to know what to do to launch a prompt, robust defense.

First, Do Not Agree to Interviews With Law Enforcement Without Your Attorney Present

Hiring a criminal defense lawyer is the first crucial step to take when facing sexual assault charges. It may be tempting to answer all questions put to you by law enforcement officers, and to explain your side of the situation, but law enforcement is not on your side. They are on the side of getting a conviction, and may use your words out of context against you.

You could also unknowingly give them evidence. For example, even if you did not commit the offense, you could inadvertently admit to something that supports their case, such as being at the location where the accuser claims the assault occurred or corroborating other parts of the alleged victim’s story.

Instead of speaking to law enforcement, you should only assert your right to remain silent and obtain legal representation before answering questions.

Hire an Attorney and Limit Your Discussion of the Case to Your Lawyer

You can speak freely to your attorney, and an attorney can never testify against you due to the rule of attorney-client privilege. However, anyone else you speak to can be compelled to testify against you. For this reason, it’s best to resist discussing your case with anyone other than your lawyer. You should also avoid posting about your case on social media.

Do not speak to the alleged victim, either in person or through email, text, or on social media.

Preserve Evidence

Preserve any evidence you have to corroborate your story, such as cell phone data, receipts, credit card statements, or social media posts that could provide an alibi showing you were somewhere other than where the alleged attack occurred. 

It’s also helpful to create a timeline of events while the details are fresh in your mind. Include your actions and experiences during the days leading up to the accusation and the day the alleged assault occurred. Include details about any and all verbal and/or physical interactions between yourself and the alleged sexual assault victim.

A substantial period of time may pass before a case goes to trial, and the details may fade from your mind by the time you are in court. Creating a detailed written account to refer to helps support your case.

Develop a List of Witnesses

It’s helpful to compile a list of witnesses, such as character witnesses or alibis, who can verify that you were elsewhere when the attack occurred. Add the contact information of the witnesses on your list to facilitate contact when your attorney prepares your defense.

Get started by scheduling a free case consultation.