What Happens After a Sex Crime Accusation in Washington?

Being accused of a sex related crime is possibly one of the most serious allegations of criminal behavior that can be brought against someone. Not only could the accusations threaten a person’s freedom and existence, but also their good name, their job, and their relationships and interactions with family and friends. Even if no criminal charges are filed against a person as a result of the allegations, they can have a serious impact on a person’s life.

Washington sex offense laws are numerous and differing penalties are attached to different crimes of sexual conduct. By charging you with a sex offense the prosecutors are alleging that you have committed a sexual offense. For the purpose of this web site a sexual offense is defined as follows:

An accusation does not mean that you have been charged or convicted of a sex crime. It simply means that there has been an allegation of sex abuse that the Washington prosecutor will review with the evidence to determine if they will charge you with a crime. That crime must then be proved by the state beyond a reasonable doubt at trial.

This guide explains what typically happens after a sex crime has been accused to someone in Washington, and why it is wise to seek a criminal defense attorney serving Vancouver, WA early in the investigation.

The information contained on this page is general in nature and does not constitute legal advice regarding any particular issue. It is best to consult with an attorney who can provide you with information about your specific situation.

What Is a Sex Crime Accusation?

An accusation of a sex crime can be made by anyone who feels that another person has committed a sexual offense against them.

The laws governing sex offenses in Washington cover a wide variety of circumstances involving sexual contact or intercourse including situations where minors are involved, where the accused used force, coercion, abuse of trust or authority, or the victim was incapable of giving consent due to mental disability, physical disability or intoxication.

Examples of Washington sex crimes include:

  • Rape
  • Rape of a child
  • Child molestation
  • Indecent liberties
  • Sexual misconduct with a minor
  • Sexual exploitation-related offenses
  • Internet-related sex crimes
  • Possession or distribution of certain sexual abuse materials
  • Other offenses involving unlawful sexual contact

For example, first-degree rape in Washington is classified as a Class A felony, and if found guilty of such offense could receive significant time, as well as registration as a sex offender.

For example, first-degree rape is defined as a Class A felony in Washington.

An Accusation Is Not the Same as a Criminal Conviction

Remember, an accusation does not establish guilt.

Law enforcement can continue to investigate an allegation even after charges have been filed by the prosecutors. This period of time is critical and can affect the accused person’s case.

Remember that the investigation can continue even after you have been charged with a crime or released from jail while awaiting trial.

The period following an accusation is critical.

What Happens After a Sex Crime Accusation?

Again, the exact process for a sex crime investigation can vary, but generally it includes the following elements.

  1. Law Enforcement May Begin an Investigation

This investigation may be conducted by the police or other law enforcement agencies.

Investigators may:

  • Interview the alleged victim
  • Speak with witnesses
  • Review text messages
  • Examine social media communications
  • Collect photographs or videos
  • Review phone records
  • Seek search warrants
  • Collect physical or forensic evidence
  • Interview the accused
  • Consult forensic specialists
  • Review information from other investigations

Investigators may contact you directly and ask questions.

  1. You May Be Asked to Give a Statement

This is one of the most important moments in a sex crime investigation.

In many cases, investigators come to the victim and begin to inform them of the specific nature of their investigation into the matter and ask for a full and complete statement of all of the incidents that have befallen the victim.

However, giving an unplanned statement can create significant problems.

Innocent persons may inadvertently provide information to the police which they later understand to mean something different than what was intended by the accused. Furthermore, even the most accurate account will likely contain some inconsistencies which can be exploited by the prosecutors of the accused.

This is generally something that you should discuss with your criminal defense attorney prior to speaking with the investigator.

Your attorney can explain your rights and how best to proceed with regards to speaking with the investigators.

  1. Police May Collect Digital Evidence

Digital evidence is increasingly used in investigations of sex crimes.

Investigators may examine:

  • Text messages
  • Social media messages
  • Emails
  • Photos
  • Videos
  • Call records
  • Location information
  • Online accounts
  • Dating-app communications
  • Cloud storage
  • Computer files
  • Smartphone data

A single message rarely tells the entire story.

As with a single message though, the surrounding conversation, timing, context and authenticity of digital evidence all matters.

Finally, in order to get a search of your phone, computer, on-line accounts or other property, investigators must get the permission of a criminal defense attorney in Vancouver, WA. The attorney can find out what authority the government is attempting to use to get permission for the search.

  1. Investigators May Seek a Search Warrant

The evidence collected by investigators will be reviewed by the prosecuting attorney’s office to determine whether or not to file charges against the accused.

A warrant allows for the search and seizure of items that may serve as evidence of a crime in a criminal case.

Even so, all searches and seizures are conducted under the constraints of the Constitution and related procedure.

If evidence was gathered improperly by law enforcement your attorney can attack the evidence at the appropriate time.

Washington’s Superior Court Criminal Rules are also codified and set forth in great detail the procedures related to searches and seizures as well as the various criminal rules which apply in any given case.

  1. Prosecutors Review the Investigation

When an investigation ends and a case is forwarded by the police for possible charges, the case is given to a prosecutor.

The prosecutor may review:

  • Police reports
  • Witness statements
  • Digital evidence
  • Physical evidence
  • Forensic evidence
  • Medical records when legally obtainable
  • Defendant statements
  • Other investigative information

The prosecutor may decide to:

  • File criminal charges
  • Request additional investigation
  • Continue evaluating the case
  • Pursue a warrant or summons
  • Decline to file charges

Just because someone has accused you of something does not mean that the prosecutor will file a criminal case against you.

  1. You Could Be Arrested or Charged

Formal Charges Filed by Prosecutors.

Law enforcement may arrest you or the court may issue a warrant or summons for your arrest for a criminal charge.

The degree of seriousness of the charge(s) for which you could be charged will depend upon the facts and circumstances of your alleged conduct.

The Washington sex offense statutes define and classify a number of different offenses, some of which are serious felonies.

Even if you are arrested for a crime, the initial appearance or preliminary hearing can often be set for several days or even weeks from the date of arrest. At that time the judge can set conditions of release for you, including restrictions on your contact with the alleged victim or other witnesses.

  1. You May Face Conditions of Release

If released while the case is pending, a defendant’s conduct will be restricted by the conditions of release of the court.

Depending on the circumstances, those conditions can affect:

Contact with the alleged victim
Contact with witnesses
Travel
Residence
Employment
Internet or electronic-device use
Possession of weapons
Other conduct

Violating release conditions can create additional legal problems.

Remember all of the terms and conditions of your court order.

  1. You Will Have an Opportunity to Defend Yourself

When charges are filed by the prosecutors in a case, the case enters the criminal court process.

The Superior Court Criminal Rules of Washington detail the steps for a criminal case from arraignment to plea to sentencing and all of the steps in between such as pretrial motions and hearings.

Your defense attorney can begin evaluating:

  • The exact criminal charges
  • The prosecution’s evidence
  • Statements made by witnesses
  • Police conduct
  • Search and seizure issues
  • Digital evidence
  • Forensic evidence
  • Potential defenses
  • Possible constitutional violations
  • Whether charges accurately reflect the evidence
  • Whether negotiations are appropriate
  • Whether the case should proceed to trial
  • What Is Discovery in a Sex Crime Case?

Discovery is the process by which the defense obtains information and evidence from the prosecution.

Washington’s criminal discovery rules require the prosecutor to disclose to the defendant certain information including: (1) The addresses of all witnesses then known to the prosecutor (whether or not called by the prosecutor); (2) Statements by witnesses to the prosecutor or police; (3) All reports or results from experiments or comparisons made in the case; and (4) Results of scientific testing conducted by the state or made available to the state.

For different reasons, cases are dismissed because the evidence will not support a charge, or because the defense has identified some legal or evidentiary issues that will preclude a successful prosecution.

Yes, depending on the circumstances.

Can a Sex Crime Case Be Dismissed?

A careful review of the discovery provided in a sex crime case can reveal inconsistencies in the investigation and facts of the case as well as information that is missing or can be used to attack the investigation and support the defense of a sex crime case.

  • Other evidence relevant to the allegations
  • Expert reports
  • Laboratory results
  • Forensic reports
  • Digital evidence
  • Videos
  • Photographs
  • Interview recordings
  • Witness statements
  • Police reports

Your attorney may review:

Discovery can aid the defense in gaining knowledge of the prosecution’s case.

The defense attorney in a sex crime case can also find issues with the legality of the charges that were filed against the client and therefore may be dismissed.

Potential issues may involve:

  • Insufficient evidence
  • Inconsistent statements
  • Unreliable identification
  • Improper searches
  • Constitutional violations
  • Problems with digital evidence
  • Evidence that cannot be properly authenticated
  • Procedural errors
  • Other weaknesses in the prosecution’s case

Each case is unique and merely being accused does not mean that the accused will be found guilty.

What About the Alleged Victim’s Statements?

The statements of an alleged victim in a sex crime investigation.

Again, however, in a sex offense case, the defendant has a right to examine evidence and to make arguments regarding the facts and the law of the case as they relate to his or her defenses.

The admissibility of evidence in cases of sex offenses against minors is governed by statute in Washington. RCW 9A.44.020 sets forth the procedures by which evidence of an alleged victim’s past sexual behavior may be used as evidence concerning the alleged victim’s credibility, and what evidence will be admissible in such cases.

The rules of evidence in Washington can be complex and, often, evidence that is introduced by the state may not be admitted if it is not legally admissible.

A lawyer can determine what evidence is relevant to your case and how various rules apply to you.

What If the Accusation Is False?

False accusations can have devastating consequences.

The worst thing to do is to confront the person who made the accusation, threaten them or conduct your own investigation.

Instead:

  • Speak with a criminal defense attorney.
  • Do not discuss the allegations publicly.
  • Preserve potentially relevant evidence.
  • Don’t delete text messages, emails, pictures or any other information that could be used as evidence.
  • Follow all court orders and release conditions.
  • Let your lawyer handle contact with the alleged victim unless you are told otherwise by your lawyer.
  • Let your attorney evaluate the evidence and decide how best to proceed.

Try to avoid making the situation any worse.

Should You Talk to the Police?

Talking to the Police – Be Careful!

Just because you choose to remain silent does not mean you are guilty.

Your attorney can speak with the investigators on your behalf, ensuring your rights are protected throughout the investigation.

Finally, having an attorney on board early on in your case will allow your attorney to begin the task of preserving evidence and strategizing about your case before it is formally charged.

What Happens If You Are Charged With a Sex Crime?

Your case will progress through the following stages after charges have been filed:

Arraignment

The court sets out the charges of the crime(s) and gives details of the other initial matters.

Discovery

The defense reviews evidence provided by the prosecution.

Pretrial Investigation

Your attorney investigates potential witnesses, alternate evidence, and can review your digital records, as well as any other information related to your case.

Pretrial Motions

Depending on the case, the defense attorney may file one or more pretrial motions (such as to suppress evidence).

Plea Negotiations

Possible resolution of your case through plea negotiations with the Prosecution.

Trial

If your case does go to trial, the state must prove each element of the crime charged against you beyond a reasonable doubt.

Sentencing

After a conviction, the court will determine an appropriate sentence in accordance with Washington law.

What Are the Consequences of a Sex Crime Conviction?

Consequences depend on specific elements of the offense for which a person is charged such as classification as a felony or gross misdemeanor and person’s criminal history.

Potential consequences may include:

  • Jail or prison
  • Fines
  • Court costs
  • Probation or community supervision
  • Restrictions on contact
  • Restrictions on employment
  • Loss of certain opportunities
  • Immigration consequences for some noncitizens
  • Sex offender registration requirements
  • Long-term effects on housing and employment

These effects can extend far beyond the terms of a sentence imposed by a court.

The consequences of a sex crime can last a lifetime. This is why it is extremely important to take sex crime charges seriously.

Waiting until formal charges are filed in your criminal case is one of the worst mistakes you can make. Precharging the services of a serious criminal defense attorney can be critical in avoiding downstream problems that could have been avoided with earlier intervention.

Your sex crime lawyer can possibly get involved early in the investigation as well.

Early representation may allow your lawyer to:

  • Communicate with investigators
  • Protect your constitutional rights
  • Advise you about interviews
  • Help preserve evidence
  • Analyze the allegations
  • Identify potential defenses
  • Investigate witnesses
  • Review digital evidence
  • Evaluate search and seizure issues
  • Prepare for possible charges
  • Negotiate with prosecutors when appropriate
  • Build a defense strategy

The better your defense team understands the situation as it unfolds, the more opportunities for strategic response they will have.

What to Do If You Are Accused of a Sex Crime in Washington?

Even if you are merely being accused of a sex crime in Washington, it is wise to take such allegations very seriously.

  • Do:
  • Contact a criminal defense attorney
  • Preserve relevant evidence
  • Save messages and emails
  • Follow court orders
  • Follow release conditions
  • Keep your attorney informed
  • Avoid discussing your case publicly
  • Do Not:
  • Threaten or contact the accuser
  • Delete evidence
  • Destroy your phone or computer
  • Post about the allegations online
  • Ask friends to contact witnesses
  • Attempt to pressure witnesses

Giving a detailed statement of the facts and circumstances of the case to an investigator without first consulting with your attorney.

Your actions after an accusation can dramatically impact your case down the road.

How Mcaleer Law Can Help With a Sex Crime Accusation

The sexual conduct charged as a crime can affect every area of your life. You don’t have to go through the investigation and the worst of the criminal justice system alone.

Mcaleer Law represents clients charged with serious crimes in Vancouver and throughout Southwest Washington.

Our knowledgeable and experienced lawyers will evaluate the charges against you and develop a strategy for your defense after investigating the facts of your case.

Whether you are the subject of an investigation or have already been charged with a crime, it is always best to seek the advice of an experienced criminal defense attorney early on in the process to determine what your best options are for dealing with your situation.

Facing a Sex Crime Accusation in Vancouver, WA?

Do not wait until the situation becomes more complicated.

Contact us to schedule a consultation with a tough and effective Vancouver sex crime defense attorney to review the circumstances of your sex crime charges and to discuss your options to defend against them.