Key Takeaways
- If you’re under investigation for sexual assault but haven’t been arrested, hiring a defense attorney right away gives you the best chance to protect your rights before charges are filed.
- Police contact can include calls, voicemails, interview requests, search warrants, or requests to access your phone and social media accounts.
- The period before an arrest gives prosecutors time to review evidence, which allows your attorney to challenge allegations and present evidence in your favor.
- Speaking with investigators without legal representation can hurt your defense, even if you believe your statements will clear things up.
- If you learn you’re being investigated, avoid discussing the allegation with anyone, preserve records and communications, and decline interviews until you speak with an attorney.
- A defense attorney can communicate with investigators, collect evidence, identify inconsistencies in the allegations, and advise you on requests involving interviews, devices, DNA samples, or polygraphs.
A detective leaves a voicemail asking you to call back about a sexual assault allegation, and you’re not sure what to do next. Or maybe an investigator shows up at your door or your workplace, saying they just want to “hear your side.” However it happens, the moment you’re contacted about a sexual assault investigation, the stakes are high, even if no arrest has been made.
At that moment, you might tell yourself it’s not serious. You might believe that cooperating will clear everything up. That assumption is nearly always a mistake: the period before criminal charges are filed is one of the most critical stages of a case. Prosecutors and law enforcement may still be deciding how to proceed, and what you say during this window can impact your defense.
If you know you’re under investigation for sexual assault but have not been arrested yet, the time to call a criminal defense lawyer is now. In this article, we’ll explain what you should do, what mistakes you need to avoid, and how hiring legal representation at the onset gives you your best chance at success.
What It Means to Be “Under Investigation”
Being under investigation for sexual assault means that law enforcement has received a complaint and detectives are gathering evidence. No charges have been filed yet, but that doesn’t mean the situation is preliminary. Investigators may already have a direction in mind and could be close to presenting their findings to a prosecutor.
You may be under investigation without realizing it. Some signs are obvious, while others are easy to overlook or dismiss. If any of the following applies to you, call a sexual assault defense lawyer right away.
- A detective calls, texts, or leaves a voicemail
- An investigator requests a “voluntary interview”
- Police officers ask to meet with you informally
- A search warrant is executed at your home or vehicle
- Friends or family members are contacted by investigators
- Investigators request access to your phone or social media accounts like your Facebook pages
Detectives conducting sexual assault investigations are trained professionals, and every conversation they have with you, including ones that seem informal, is part of building their case against you. By the time they contact you, they’ve likely already spoken with the accuser and may have collected other evidence, so don’t waste time contacting a criminal lawyer.
Why the Pre-Arrest Window Is So Critical
Most people wait until they’re arrested to hire a criminal defense attorney. In a sexual assault investigation, that delay can be detrimental. At this stage, law enforcement is still collecting evidence and prosecutors are still evaluating the credibility of the allegations. A defense attorney can use this window to present exculpatory evidence, identify inconsistencies in the accuser’s account, and prevent you from making statements that could be used against you.
Once charges are filed, the situation changes. Prosecutors become more committed to pursuing the case against you, bond conditions may restrict your movements, and the damage to your reputation, career, and personal relationships intensifies. Options that were available before an arrest may no longer be on the table.
Pre-arrest legal representation is proactive defense, not damage control. Retaining an attorney the moment you learn you’re being investigated puts a trained advocate in direct communication with investigators on your behalf, guiding your decisions and building your defense from day one. Every day without legal representation is a day the District Attorney has to build their case without opposition.
Trying to Explain Yourself Can Make Things Worse
Many people believe that if they’re innocent, they should cooperate fully and that doing so will clear their name. That belief is one of the most dangerous mistakes you can make during a police investigation. Talking to detectives without an attorney present doesn’t demonstrate innocence; it gives investigators material to work with.
Even truthful statements can damage your defense. Memory gaps can appear suspicious, minor inconsistencies can be portrayed as deliberate lies, and emotional reactions can be mischaracterized by investigators. A statement that seems straightforward to you can take on an entirely different meaning when it’s compared against other evidence in court.
You should avoid the following without first speaking to a criminal defense attorney:
- Agreeing to a voluntary interview
- Providing a written statement
- Sending explanatory texts or emails to investigators
- Handing over your phone or other devices
- Having casual conversations with investigators outside of a formal setting
Invoking your right to counsel isn’t an admission of guilt. It’s a constitutional protection that exists precisely for situations like this. One poorly handled conversation with police officers can underscore the prosecution’s case against you.
What to Do the Moment You Find Out You’re Being Investigated
The moment you learn you’re being investigated for sexual assault, stop discussing the allegation with anyone. That includes friends, family, coworkers, and the accuser. Text messages, emails, and social media posts can all be collected by investigators, and even a conversation with someone you trust can find its way back to law enforcement.
While you’re limiting what you say, start preserving materials that may support your defense. Save text messages, phone records, emails, receipts, photos, and any location history that’s relevant to the allegation. Don’t delete anything, including messages that seem unrelated, as destroying potential evidence can result in obstruction charges that create an entirely separate problem.
If law enforcement contacts you for an interview, decline politely but clearly. You can say: “I’d like to speak with an attorney before answering any questions.” You don’t need to explain yourself any further. Staying calm and saying little protects you far more than any explanation would.
How an Attorney Can Help Before an Arrest Happens
Many people underestimate what a criminal defense attorney can do before charges are filed. At the pre-arrest stage, an attorney isn’t simply preparing for a future trial; they’re actively working to prevent one. Here’s how they can help:
- Communication Buffer: Your attorney handles all contact with law enforcement on your behalf, ensuring that nothing you say gives investigators additional material to work with. This removes one of the most common ways people inadvertently damage their own defense during a police investigation.
- Independent Investigation: Your attorney can gather evidence that supports your account, identify weaknesses in the accuser’s timeline, locate witnesses, and preserve digital evidence before it disappears.
- Intervention: In some situations, legal counsel may present exculpatory information directly to prosecutors before charges are filed, including timeline clarifications, credibility challenges, or a demonstration that the available evidence doesn’t support criminal charges. This kind of advocacy has led to prosecutors declining to file charges in some cases.
- Guidance on Law Enforcement Requests: Law enforcement may present requests for DNA samples, polygraphs, device access, and social media outlet records. Your attorney will advise you on how to handle these requests before you commit to anything.
A sexual assault investigation has consequences that extend well beyond the courtroom. Your career, professional licenses, education, and personal relationships can all be affected long before a charge is ever filed. Retaining an attorney at this stage means you have an advocate protecting your freedom and your future at the same time.
FAQs
Can I Be Charged With Sexual Assault Months or Even Years After the Alleged Incident?
Yes. Texas has no statute of limitations for sexual assault cases involving adults, and the timeline between an alleged incident and formal charges can span months or years. Investigators may take considerable time gathering evidence, securing witness interviews, and building a case before presenting it to a prosecutor. The fact that time has passed since the alleged incident doesn’t mean the investigation has stalled or been dropped.
What Happens if I Refuse a Polygraph Request?
You have no legal obligation to submit to a polygraph, and declining one can’t be used as evidence of guilt in a Texas criminal proceeding. Texas courts also follow a longstanding rule that polygraph results are generally inadmissible as evidence.
Texas courts maintain a per se rule of exclusion, holding that polygraph evidence is inadmissible for all purposes on behalf of either the state or the defense (Castillo v. State, 739 S.W.2d 280; Perkins v. State, 902 S.W.2d 88; Robinson v. State, 550 S.W.2d 54).
In Texas, the foundational principles established in Romero v. State, 493 S.W.2d 206 (Tex. Crim. App. 1973) and Fernandez v. State, 564 S.W.2d 771 (Tex. Crim. App. 1978) remain the basis for the strict inadmissibility of polygraph evidence:
Romero v. State, 493 S.W.2d 206 (Tex. Crim. App. 1973): Established that polygraph test results are inadmissible over objection, even if the parties entered into a prior written agreement or stipulation to admit them (Romero v. State, 493 S.W.2d 206; Castillo v. State, 739 S.W.2d 280). The court reasoned that such stipulations do not enhance the reliability of the evidence on the issue of guilt or innocence.
Fernandez v. State, 564 S.W.2d 771 (Tex. Crim. App. 1978): Reaffirmed this absolute ban, holding that polygraph results are inadmissible for all purposes, even where the state consented to or participated in the administration of the test.
While their core holdings on absolute inadmissibility are still followed, subsequent jurisprudence and secondary authorities clarify that later decisions have reemphasized, supplemented, or modified these standards, particularly regarding the underlying scientific framework and federal exceptions (Perkins v. State, 902 S.W.2d 88; Texas Criminal Lawyer’s Handbook § 16:52.14).
Will Hiring an Attorney Make Me Look Guilty?
No. Retaining a criminal defense attorney is a constitutional right, and invoking that right carries no legal implication of guilt. Prosecutors and investigators are prohibited from using your decision to hire an attorney against you in court. What hiring an attorney does signal is that you take the situation seriously and intend to protect your rights, which is exactly the right position to be in at the start of a criminal investigation.
Get a Free Consultation From a Texas Sexual Assault Attorney
Being investigated for sexual assault is frightening, and the uncertainty of not knowing what comes next makes it harder. But the pre-arrest stage isn’t a waiting game, and treating it like one is a mistake you can’t afford to make.
The attorneys at Hunter, Lane & Jampala PLLC have represented clients at every stage of sexual assault cases, including the critical period before an arrest is made. From the moment you retain us, we’ll work to protect your rights, manage contact with investigators, and build a defense strategy. Call (210) 202-1076 or contact our firm online to schedule a confidential case review today.
