Can the Police Arrest Me for Sexual Assault Based Upon Her Word Alone?
The answer is yes. If one person makes a claim of sexual assault against another in Minnesota, even if there are no witnesses other than the accuser themselves, even with no other forensic evidence, the police could arrest you and the local County Attorney’s Office could charge you with rape, date rape, sexual assault and more. If you are concerned that you might be arrested or charged, contact an experienced Minnesota criminal defense attorney as soon as possible.
“Assault cases can be brutal. Sexual assault are even worse. And the police and prosecutors have become extraordinarily aggressive in prosecuting them.”
What Does it Take to Charge and Prosecute a Sexual Assault?
While it is unlikely that a sexual assault claim in complete isolation is enough to get you arrested and charged, that is only the starting point for the police. The police will open an investigation and then interview or interrogate the complaining witness and any other people involved or interested. The police should also go to the alleged scene of the crime, collect DNA or other forensic evidence and review any of the available video, surveillance footage and electronic communications. This evidence will all be used to support the initial allegation. They are looking to support the claim and will look at it that way. However, what happens if they have some information but no direct evidence? Is it over? Hardly.
A sexual assault charge in Minnesota can be based upon a lot of things. It can be based upon direct evidence or circumstantial evidence. The first is obvious like pictures of the event, eye witnesses to the event and more. The circumstantial ones can be a little more troubling. These ones might be far more circumspect like a receipt from a bar bill or maybe even an admission that sexual contact took place. This in itself doesn’t mean that a crime was committed, but it might suggest a lot if the Government can warp the facts to support it. The problem is, in criminal cases, the law makes no distinction between direct and circumstantial evidence. Now, lets cover all of those pieces of circumstantial evidence with a rape or sexual assault allegation and you might very well have a sexual assault charge. The problem is this is a judgment call from the prosecutor and some will decline the case while others will charge it.
In the end, the police are trying build a narrative that supports the allegation that you committed this crime. So they will take everything they have, circumstantial or otherwise, and try to piece that together to support the charge. The problem is in this Me Too world, this could be enough for some juries. As a result, understanding how to fight this fight from pretrial through a jury trial is critical. The State has the burden of proof but what happens when Me Too says, “believe me and don't doubt it?”
“The problem is, in criminal cases, the law makes no distinction between direct and circumstantial evidence. Now, lets cover all of those pieces of circumstantial evidence with a rape allegation and you might very well have a sexual assault charge in front of you.”
Because a lot of criminal or sexual assault cases are based upon a lot of circumstantial evidence combined with a claim, it is extraordinarily important that you sit down with an experienced Minnesota criminal defense attorney. Only then can you really assess what ou are facing and what it means.
Jack Rice is a nationally renowned criminal defense but is based in St. Paul, Minnesota. Jack is also a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.