None of us believe that we ever will be falsely accused of a sex crime. After all, we have been brought up to believe that the USA has the best "justice" system in the world, and that police and prosecutors are honest people who never would try to frame an innocent person.
Unfortunately, that is not the case anymore. Police gladly will frame innocent people and prosecutors are all-too-happy to put innocent people on trial or force them to plead out to crimes they didn't commit because they cannot afford to defend themselves. THAT is the reality of law in the USA.
Most likely, the person reading this won't ever be charged in a sexual assault/child molestation case, as prosecutors cannot charge everyone. If you are falsely accused, however, there are a number of things that you should do -- and not do. I will deal with those things in this post.
After you get over the first wave of shock and anger of being falsely accused, you probably just are confused and want this nightmare to go away. You have to understand, however, that the police and the local prosecutors really are not interested in whether or not you actually did the things of which you are accused. That's right; they are not interested. They already have decided you are guilty, and their mission is to spin everything that they find into a way to get you thrown into prison for the rest of your life.
It does not matter if the accusations are a lie. Cops and prosecutors lie all the time and the honest people in that business often are intimidated and threatened by the bad guys. You are going to be dealing with people who don't care if you are innocent or guilty; they already have decided you are guilty, and they don't like to be confused with facts.
So, let us assume that you are accused. What do you do. What do you NOT do?
Don't Talk to the Police
The first thing that you DO NOT do is talk to the police without an attorney present. If you wish to have an expert tell you why, just watch this video by a law school professor telling people NOT to talk to the police.
Yes, you reply, but the police will listen. They will hear your story and then they will realize that the charges are ridiculous and the whole thing will go away. Right.
It is not going to happen. If you sit down with the police, they are not going to try to find out what occurred; no, they are going to try to find a way to twist your statements into an admission of guilt. No matter how much they tell you that they only are trying to help, it is a lie.
As Tonya Craft has told me more than once, charges of child molestation and rape are very different than, say, charges that you robbed a convenience store. Regarding the latter, you can present evidence that you were not there or that the eyewitness has engaged in mistaken identity. (Granted, cops try to find ways to work around alibis in these kinds of cases, too, but if you can prove you were not there, you have a strong case for innocence.)
In charges of child molestation or rape, however, alibis simply don't matter. For example, "judge" brian outhouse actually claimed in court that prosecutors had demonstrated that Tonya Craft molested the daughter of Sandra Lamb at her home -- before she even bought the home and moved into it. Logically, there was no way that Ms. Craft could have been at that place when prosecutors said she was (and entered no evidence at all to show she had been there before she bought the house), but it did not matter.
Why? House and the prosecutors already were of the mindset that they were going to rig a conviction, and had no interest in evidence. That is common in such cases. We have seen it not only in the Craft case, but also all of the other cases covered on this blog, including the one against Michael Rasmussen.
Look what happened when Rasmussen agreed to talk to detectives Young Austin and Kim Selkirk. They wrote down a bunch of notes and claimed that he had "confessed" to everything they had claimed. Given that Selkirk and Austin did not record this supposed momentous "confession" and given that Selkirk's notes conflicted with the state's own "evidence," it is not hard to conclude that Austin and Selkirk are lying.
A friend of mine who was a police officer in Florida for many years told me that all too often, cops reach conclusions first and then try to find "evidence" that fits their theories. A good investigator, he told me, tries to let the evidence lead to a conclusion, not the other way around.
Yet, cops also are under pressure to charge people, to close cases, and to help prosecutors get convictions. The "win at all costs" combined with the fact that the ONLY "evidence" needed in many rape and child molestation cases is an accusation. For example, it was painfully clear in the Duke Lacrosse Case that (1) Crystal Mangum was not raped, and (2) that the three lacrosse players could not have been the "rapists," anyway.
Yet, the charges stayed live for a year even though they had thoroughly been debunked by the attorneys and by outside experts who saw the "evidence" for what it was: a sham. But because of political considerations and because of the feminist ideologies driving the charges, the case very well could have gone to trial and there very well could have been a conviction.
It is very rare in these kinds of cases that police and prosecutors will look at evidence that does not fit a profile that says you are guilty. That is just the way it is. Don't talk to the police; they only will use your words against you.
Don't Assume the People in the System will be Fair
Americans like to believe that this is a country where fairness and justice reign. That is nonsense, but most people don't discover just how bad things are until they are charged with something they did not do. The American courts will go overboard to convict the innocent, and once there is a conviction, it is almost impossible to have it overturned, as the courts love "finality."
As I noted in a previous post, the immunity that government players have in the justice system also provides perverse incentives for them to lie. After all, prosecutors don't get raises and promotions for "seeking justice." They get raises and promotions for winning.
Chris Arnt believed that he could ride a conviction against Tonya Craft to much higher political office. Despite the fact that he lied in court, suborned perjury, and broke the law with impunity, he still is employed as a prosecutor, going after other people who allegedly have broken the law.
In other words, Arnt paid no legal price for his actions. Whether or not he ever can be elected to public office after his show of dishonesty depends upon how much garbage voters in North Georgia are willing to swallow.
Even though the police will accuse you of "not cooperating," you MUST invoke your Constitutional rights at this point. Trust me when I tell you that neither police nor prosecutors care about your rights and will violate them with impunity if they think they can get away with it.
You have to be responsible to protect yourself, and that means invoking your rights. Don't talk to the police, period.
In Part II, I will write about choosing an attorney. In Part III, I will point out resources you can use to help defend yourself.
NOTE: Good news from North Carolina. A federal judge has ruled that the lawsuits filed by various Duke lacrosse players against Duke University, Durham, and Mike Nifong can proceed. If Duke and Durham lose on appeal, I suspect that the defendants will settle quickly with the plaintiffs.