Accused of Sexual Assault? What To Do — and What Never To Do

Few accusations carry consequences as severe as sexual assault. Your freedom, your career, your reputation, and your relationships are all at stake — often before any charge is even filed. How you respond in the first days can determine everything.

Do not talk to the police

This cannot be said strongly enough. Detectives investigating sex offenses are trained to sound understanding: "We just want to hear your side." Your side will be dissected, recorded, and used against you. Innocent people talk themselves into charges every day. Politely decline: "I want a lawyer. I am choosing to remain silent."

Do not contact the accuser

Do not call, text, message, or ask a friend to reach out. Do not apologize, explain, or ask "why are you doing this?" Every contact becomes evidence — and if an order of protection is issued, any contact at all becomes a new crime, even if the accuser reaches out first.

Preserve your evidence

Save everything: text messages, social media conversations, photos, location data, receipts, ride-share records. Do not delete anything — deletion can look like consciousness of guilt and may itself create legal problems. Give everything to your attorney and let them decide what matters.

Expect a long investigation

Sex offense investigations often move slowly. Detectives may interview witnesses, seek phone records, or request a "controlled call" — a recorded call where the accuser tries to get you to make admissions. This is another reason never to speak with the accuser: you may be recorded by police without knowing it.

Understand what is at stake

Depending on the charge, a conviction can mean years in prison, sex offender registration, and permanent damage to your ability to work and live where you choose. These cases often come down to credibility — one person's word against another's — which makes the defense investigation critical. Inconsistencies in statements, motives to fabricate, digital evidence, and timelines all matter.

Get counsel before you are charged

The best time to hire a defense attorney is before charges are filed. An attorney can communicate with detectives on your behalf, protect you from interrogation, and begin building the defense while the investigation is still open.

Yvonne Garbett is a former Assistant District Attorney with 24 years of experience handling serious felony cases — from the prosecution side and the defense side. She knows how these cases are built, and where they can be challenged.

Get Help From the Law Office of Yvonne Garbett

If you or a loved one is facing a criminal charge, a DWI, or a family law matter in Rockland, Orange, or Westchester County, don't wait to get answers. The Law Office of Yvonne Garbett offers service in English and Spanish.

- Visit garbettlaw.com (https://garbettlaw.com) to learn more

- Call or text 845-290-2492 to talk about your next steps

Help is available in English and Spanish — reaching out is the first move toward protecting your future.

This article provides general information about New York law. It isn't legal advice for your specific case.