Nowadays, it has become commonplace in the modern world to find new relationships through internet dating sites or dating apps. However, because these encounters are with unspecified individuals, you can always be exposed to unexpected risks. For example, people who meet through these dating sites or apps and then have consensual sex often find themselves suddenly embroiled in controversy, claiming it was sexual assault rather than consensual sex.
The person may contact you over the phone or otherwise, claiming sexual assault, such as that they were forced to have sex or that they were drunk. However, in this situation, all of these conversations can be passed on to the police. This investigative technique of recording a phone call under police control is known as a “controlled call,” where the recording can be used as evidence in a criminal case. As such, these calls can later be used as evidence against you and lead to serious charges.
If you’ve already received one of these calls, it’s likely that the person on the other end has been in contact with the police. While the police cannot directly participate in the call, they can provide guidance on what questions to ask, what answers to elicit, etc. We also intentionally time when we make controlled calls. Actual controlled calls are often made on weekends or late at night, not during business hours.
If you do receive such a call, it is important to detect whether it is a controlled call. In these calls, the person usually uses a detailed description of what happened, rather than the cliché “Why did you sexually assault me?”. For example, you might ask, “Why did you have sex with me when you clearly said no and pushed me away when I tried to have sex with you?” or, if you were using drugs or drinking alcohol beforehand, “Why did you have sex with me when you already said no beforehand?” or “I’m not sure if I had sex with you because I was drunk, but did you wear a condom? I’m worried about STDs or pregnancy.” This is a question that is likely to result in a guilty verdict.
If you do receive such a call, don’t give any immediate answers, and don’t be embarrassed if you are asked to apologize. It’s also important to end the call politely and quickly, and not immediately, even if you are forced to answer and acknowledge the situation. There are also times when these calls come from the other party, asking the person not to go to the police out of fear. However, it is also advisable not to make such requests, as they can be used as incriminating evidence in the future. If you can get advice from an attorney right away, do so; otherwise, you should end the call and consult with an attorney to determine the appropriate course of action.
Furthermore, if you are charged with a crime, you should be aware that your words can be used as evidence against you. Therefore, we recommend that you never have a conversation like the one above with someone over the phone, and that you don’t even try to correct their memory by explaining exactly what happened in order to claim innocence. You don’t want to say anything unnecessary during this process, or it could be used against you.
Even if you don’t know if it’s a controlled call or not, if you receive a call about sex, don’t answer anything and immediately contact a sex crimes attorney in your state for advice.
If you find yourself in a difficult situation, you should seek professional help. If you would like to discuss this, please contact mail@songlawfirm.com.