What happens during a sexual assault investigation? A sexual assault investigation is when the police and other authorities look into the allegations, gather evidence, and decide whether to file charges. Investigations usually start with a report to the police, followed by interviews, evidence collection, and a decision about whether the case will move forward. Every case is different, but knowing your rights and having the right criminal defense attorney on your side can make all the difference.
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The Initial Sexual Assault Accusation and Report
Most sexual assault investigations begin when the accuser files a report with the police. This could happen immediately after the alleged incident or even weeks or months later.
During this stage, the police usually:
- Take the accuser’s statement to understand what they’re claiming happened
- Ask for details about where and when the incident occurred
- Begin gathering basic evidence, such as names of witnesses, physical items, and the sexual assault kit (SAK), also known as a rape kit
If you’re accused, you might not know right away that an investigation has started. Sometimes, the police will want to speak with you early on, but you are not required to talk to them without a sex crimes defense lawyer present. Protecting yourself starts the moment you find out you’re being investigated. Do not speak to law enforcement without a criminal defense attorney present.
Steps in a Sexual Assault Police Investigation
Once the initial report is made, the police begin gathering information to build their case. This process can be thorough and invasive, especially in serious cases like sexual assault. Here are the key steps they might take, depending on the specifics of your case:
1. Physical Evidence Collection
The police will collect any physical evidence related to the case. This can include:
- Clothing or items from the scene
- DNA samples, like hair, saliva, or other bodily fluids
- Medical records, especially if the accuser sought medical attention after the alleged incident
Evidence collection is how the prosecution builds its case, but errors in how it’s handled can create opportunities for your defense.
2. Interviews
Law enforcement will interview anyone connected to the case, including:
- The accuser, to get their account of what happened
- Witnesses who may have seen or heard anything relevant
- You, the accused, whether or not they believe the initial allegations are substantiated
You are not required to talk to the police without an attorney. Anything you say, even if it seems innocent, can be used against you in the investigation and in court.
3. Digital and Documentary Evidence
Police may review electronic evidence, such as:
- Text messages, emails, or social media posts
- Phone records or GPS data
- Photos or videos from security cameras or personal devices
This type of evidence is often used to support or disprove claims made by either party.
What to Expect if You’re Accused of Sexual Assault in Missouri
Any accusation of sexual misconduct is frightening, but it’s important to stay calm, know what to expect, and how to protect yourself during the investigation:
- Police Questioning: The police may ask to interview you. Even if you believe you can explain your innocence, do not speak to them without an attorney present. What you say could be misinterpreted or taken out of context. Remember, law enforcement and prosecutors are out to secure a conviction, which may influence them to see your statements in a biased manner.
- Requests for Evidence: They may ask you to provide evidence, like your phone or messages. Always consult with your lawyer before handing anything over, and ensure that law enforcement has a warrant and has gone through the appropriate legal channels.
- Arrest Before the Investigation Ends: In some cases, the police might arrest you even if their investigation isn’t complete. This doesn’t mean you’re guilty—it means they believe there’s enough evidence to move forward.
The most important thing you can do is avoid acting alone. Contacting a sexual assault defense lawyer as soon as you know you’re being investigated is your best chance to protect your rights and ensure the process is fair.
Outcomes of a Sexual Assault Investigation in Missouri
The results of a sexual assault investigation can vary depending on the evidence and how the case develops. Here are the most common outcomes:
- No Charges Filed: If the evidence is weak, inconsistent, or doesn’t meet legal standards, the police or prosecutor may decide not to press charges. This is the best-case scenario, but it usually requires a strong defense to show why the case shouldn’t proceed.
- Formal Charges Filed: If the prosecutor believes they have enough evidence, they’ll file formal charges, and the case will move into the court system. This doesn’t mean you’re guilty—it just means the prosecution thinks they can convince a jury to convict you.
- Further Investigation Needed: In some cases, the investigation might be extended if the police feel they need more evidence. This could involve additional interviews, evidence collection, or attempts to strengthen their case.
The outcome can often depend on how well your criminal defense lawyer challenges the investigation and presents evidence in your defense.
Why You Need a St. Louis Sexual Assault Lawyer if You’ve Been Accused
Having a lawyer during a sexual assault investigation is the best thing you can do for yourself, even if you believe you’ve done nothing wrong. Here’s how an experienced attorney can help:
- Protect Your Rights: Your lawyer ensures that law enforcement follows the rules and doesn’t violate your rights, such as by conducting unlawful searches or altering evidence.
- Challenge the Evidence: A skilled lawyer knows how to question the validity of evidence, from physical items to digital records, and identify weaknesses in the prosecution’s case or accuser’s testimony.
- Avoid Self-Incrimination: Many people accidentally say things during police questioning that can be used against them later. Your lawyer will guide you on what to say—and what not to say.
- Build a Strong Defense: The earlier you involve an attorney, the sooner they can start gathering evidence, speaking to witnesses, and crafting a strategy to protect you.
Trying to handle an investigation alone is risky and can lead to mistakes that hurt your case. A lawyer is your best ally in fighting for your rights and your future.
Accused of Sexual Assault in St. Louis? Call Combs Waterkotte Now.
We know how stressful and confusing a sexual assault investigation can be. Our team has years of experience defending clients in St. Louis throughout Missouri, and we’re here to guide you every step of the way.
Here’s how we can help:
- Immediate Support: We act quickly to protect your rights from the start of the investigation.
- Expert Defense: We know how to challenge weak evidence, question the accuser’s claims, and expose flaws in the case against you.
- Client-Focused Approach: We understand the personal and emotional toll of these accusations, and we’re here to provide compassionate, nonjudgmental support while fighting for the best outcome.
If you’re under investigation for sexual assault, don’t wait to get help. The earlier you involve a skilled lawyer, the better your chances of protecting your rights and avoiding charges.
Contact Combs Waterkotte online or call (314) 900-HELP today for a free consultation. If charges do get filed against you, we’ll fight to have them dismissed, reduced, or to achieve a “not guilty” verdict at trial.
