Consequences of Speaking to the Police During a Molestation Investigation

In 2014, the defendant was charged with committing sodomy on his 2 year old niece.  He did it while babysitting her and her 5 year old sister.  A few days later, the mother found out about the sexual assault because she saw blood on her daughter’s toilet paper.  The 2 year old then told her mother what  had happened.  The mother immediately called the police and the police started their investigation.  Instead of talking to the child first, the police began their investigation by going to the defendant’s home and asking him questions.  The police did read the defendant his miranda rights – “You have a right to an attorney, the right to remain silent…everything you say can and will be used against you in a court of law.”  Do you think the defendant invoked his right to remain silent and requested an attorney as advised by the police?  

No, he spilled the beans. 

And, this is more common that one may think.  

So, what should you do if you if someone accuses you of molestation or if you believe you are being investigated for molestation?  It is important you take immediate action.  Specifically, hire Kristine Koo, an experienced criminal defense attorney who works on sex crimes/sexual assault, to help you fight the allegations, accusations, and/or charges.  Here are a couple tips if you are being accused of molestation: 

1. Contact legal counsel immediately.  Why?  Because if a child is accusing you of molestation – it is highly likely that the child or parent has gotten the police involved.  And if the police get involved, they likely will call you or do a covert call (i.e. – have a recorded call to your phone by someone other than the police) to get your statements.  Remember – everything you say can and will be used against you – and sometimes that statement you made to the police is the statement the district attorney relies upon when filing their charges against you.   
2. Limit what you say.  Do not make any statements that could incriminate you.  This may sound redundant – but this is key as a lot of sex crimes are corroborated by the accused’s own statements.  A statement such as “I did nothing wrong,” or “I never touched anybody inappropriately” could be construed as an admission of guilt.  Saying “I’m sorry,” just to say, “I’m sorry” is also never a good idea.  So, it is best to limit your interaction with the accusing person and contact your attorney immediately. 
3. Do not interact with the accuser.  The accuser may be hot and cold and you do not want to do anything to upset this person as they may complain more to the district attorney when questioned by them.  Don’t try to fix the relationship or appease them as this could backfire.  Their may be a restraining order as well preventing you from interacting with the accuser and violating that can get you into more trouble.  

Back to the story as narrated above, the statements the defendant made to law enforcement were used directly against him in a jury trial.  His statements, in fact, were recorded and played to the jury.  His statement was over 45 minutes long.  The defendant tried to backtrack what he said by taking the witness stand and testifying.  But, despite his testimony, the jury convicted the defendant.   

The point of this story is that it is very important to invoke your rights to an attorney, and silence, to prevent what happened to this defendant from happening to you.  Yes, there are motions one can file to suppress one’s statement if the custodial interrogation was unconstitutional.  But, relying on this, as opposed to simply invoking your rights at the onset, is simply not the better option.  And, there may be no constitutional violation – but of course, an experienced criminal defense attorney in sex crimes will verify this.  

Time is of the essence when you are being investigated or charged with molestation charges.  Contacting an attorney immediately can help you with your case.