It’s a scenario no one expects but can quickly become a life-altering experience: You’ve had what you believed was a consensual sexual encounter, and days, weeks, or even months later, a police officer or detective contacts you. What should you do?
Criminal defense attorney Ryan Pacyga, who specializes in criminal sexual conduct cases, provides critical advice for navigating this daunting situation.
Why Police Contact You
Police may contact you in various ways—through a phone call, leaving a business card at your door, or showing up at your workplace. Often, they frame their outreach as wanting to “hear your side of the story.” However, this is a carefully calculated tactic. Law enforcement officers are trained to avoid reading you your Miranda rights by keeping you out of custody during questioning. Without being arrested or placed in a squad car, the Miranda warning doesn’t apply.
Pacyga explains that officers might genuinely want clarification, but in many cases, they’ve already decided to file charges. Their goal may be to get you to incriminate yourself or provide evidence before you hire an attorney.
Should You Talk to the Police?
The short answer: Not without an attorney. Anything you say can and will be used against you. Try to “clear up a misunderstanding” on your own. While some lawyers recommend never speaking to the police under any circumstances, we take a more nuanced approach. Each case is unique, and in some situations, carefully managed communication can help avoid charges. However, this should only be done with the guidance of a skilled attorney who understands your case.
The Dangers of False Allegations
False allegations of sexual assault do happen, often for complex reasons. We have handled cases where concrete evidence disproved claims. Even if the encounter was consensual and unambiguous, accusations can lead to devastating consequences—job loss, divorce, community shunning, and emotional distress. Protecting yourself starts with making no statements without legal representation.
How an Attorney Can Help
An experienced attorney will:
- Evaluate your situation.
- Speak with law enforcement on your behalf.
- Assess whether speaking to police might prevent charges or whether it’s better to remain silent.
By involving an attorney early, you protect your rights, avoid self-incrimination, and build a stronger defense if charges are filed.
Final Takeaway
If you are contacted by police about a sexual encounter, stay calm, invoke your right to remain silent, and contact an experienced criminal defense attorney immediately. Handling the situation correctly from the outset can make the difference between avoiding charges and facing a life-altering legal battle.
For more information or to contact Ryan Pacyga, visit arrestedmn.com or call 612-339-5844.