Common Mistakes To Avoid After Being Accused Of A Sex Crime In Kansas

Facing an accusation of a sex crime is overwhelming, confusing, and often frightening. Many people don’t realize that seemingly harmless decisions in the early stages of an investigation can actually damage their case beyond repair. In this article, we discuss…

• Common mistakes to avoid after being accused of a sex crime in Kansas.
• Why taking the wrong steps can make an already difficult situation far worse.
• How to protect yourself, your case, and your future in the middle of an investigation.

Why Should I Never Speak To The Police During The Investigation Phase?

The problem with talking to police during an investigation is that you never know what they already know. You don’t know how the accuser has described the events, or how much evidence law enforcement has gathered.

The police might ask what sounds like a harmless question, but they’re asking it based on information you don’t have. Your answer could be inconsistent with details they’ve already uncovered, or worse, it could cut off a defense strategy you might need later.

This risk exists even if you bring a lawyer with you. Your lawyer doesn’t know any more about the investigation than you do at that point. So, whether you’re alone or accompanied by counsel, you’re both walking in blind. For that reason, I strongly advise against speaking to the police during the investigation phase.

Why Should I Never Try To Contact An Alleged Victim Directly?

Once an accuser has gone to the police, the chance of “working things out” is virtually zero. In sex crime cases, law enforcement generally has no discretion once a report is made. Detectives often tell me that charging decisions are “above their pay grade,” meaning their job is simply to collect statements and evidence and send it to the prosecutor.

Beyond that, contacting the accuser directly can create serious problems. Anything you say could be interpreted as harassment, intimidation, or even witness tampering. That can result in additional criminal charges, such as obstruction of justice. I always tell clients: do not reach out to the accuser under any circumstances.

Are There Risks To Discussing My Case With Friends, Coworkers, And Family?

Yes, there are major concerns with discussing your case with those around you, and you should avoid doing so. Even well-meaning friends or family members might reach out to the accuser on your behalf, which can escalate the situation.

Another issue is confidentiality. The only person you can safely talk to about your case is your lawyer (and your lawyer’s immediate staff, such as a paralegal or investigator). In Kansas, old protections like spousal immunity have been eliminated. That means family, friends, or coworkers can be compelled to testify about what you told them.

For this reason, do not discuss details of their case with anyone other than your legal team.

Is Deleting Texts, Emails, Or Photos Ever A Good Idea After An Accusation?

That depends entirely on what you know at the time. If you are aware of an accusation or know that an investigation is underway (for example, if a detective leaves you a voicemail about a report), then deleting digital evidence can be seen as obstruction of justice, which is a separate crime. It can also be used in court as evidence that you were trying to hide something.

On the other hand, if you delete messages or photos without any knowledge of an accusation or investigation, say, out of embarrassment after a date, that’s a completely different matter. In that situation, you cannot be accused of interfering with an investigation you didn’t know existed.

The key issue is knowledge. Once you know you’re under investigation, deleting digital files is never a good idea.

Why Does Assuming “The Truth Will Come Out” Often Lead To Conviction?

Many of my clients have never been in trouble before. They have no prior arrests, convictions, or even unpaid tickets. Understandably, they believe the criminal justice system will treat them fairly and that the truth will eventually prevail.

Unfortunately, it doesn’t work that way. Success in these cases requires extensive preparation, from reviewing every witness to every piece of evidence and every cross-examination. Acquittals don’t happen by chance; they happen through hard work and careful strategy.

Believing that the system will sort everything out is like hearing a cancer diagnosis and deciding to just take vitamins and rest more. That’s not how cancer is treated. Beating cancer requires doctors, specialists, and serious treatment. In the same way, defen

ding against a criminal charge requires experienced legal counsel, strategy, and preparation. Hoping the truth will simply come out is a dangerous gamble.

Still Have Questions? Ready To Get Started?

For more information on things to avoid after a sex crime accusation in Kansas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (913) 322-3265 today.