One big weapon the police have that they use all the time when it comes to sex crime cases is that it is known as a pretext phone call. This is basically where the alleged victim typically calls the alleged perpetrator on the phone, and the police will tape-record the conversation.
The police, in a calculated move, guide the alleged victim with leading questions, listen in, and aim to coerce the perpetrator into a confession.
This is a very effective weapon in sex crime-related offenses because if, on the pretext of a phone call, the defendant admits that they committed the crime, this is an enormous weapon that they can use against the individual charged with the sex crime to prosecute and convict them down the line. The legal implications of such an admission are significant, as it can be used as direct evidence in court.
This is because most people will not admit that they committed a sex crime unless they did commit the sex crime. See California v. Wismer.
Often, people will not admit that they committed a sex crime on the pre-text phone call. However, they will apologize to the victim and act so that somebody innocent wouldn't.
In other words, if someone tells you why did you commit this sex crime against me? What were you thinking, and you didn't save it? Your response should be, I don't know what you're talking about; are you crazy? I would never do anything like that.
Instead, we often see that during the pretext phone call, the individual apologizes for their behavior and tries to explain why they did whatever they're being accused of doing.
Legal Defenses to Pretext Phone Prosecution
One great defense that I see is that women often act emotional and say a bunch of crazy stuff. A guy is scared because they feel that the person is losing their mind and acting crazy, so they apologize or acknowledges something they didn't do to alleviate the other party.
So, they will be quiet about it and stop going crazy, and then obviously, they keep away from that particular person. This can be an effective defense if the surrounding circumstances relating to the alleged sex crime are such that the person can defend themselves.
Also, obviously, the jury will listen to the pretext phone call. They will take that into account with all the other evidence, and they will be the ultimate deciders as to whether or not that pretext phone call means the person is guilty or not. For instance, if the defendant's admission is clear and unambiguous, it can be a compelling piece of evidence for the prosecution.
When it comes to a defense strategy for a pretext phone call, meticulous analysis is key. The call must be carefully dissected, and the defense attorney and defendant need to have a comprehensive discussion about its content, tone, and implications.
At times, the person's statements in the pretext phone call can align with a defense. When combined with other evidence that supports the narrative in the call, the defendant is in a strong position to challenge the prosecutor's case. This is where the defense attorney's role becomes crucial in mounting a robust defense.
Call Our Law Firm for Help
So, really, when I have a case where someone's charged with a sex crime and the main piece of evidence is a pretext phone call, or a pretext phone call is evidence in any way in the case, what I like to do is get the person in the office. We talk about what's said there, we both listen to it and then we make some decisions on how strong or weak the evidence is and how we're going to deal with it.
Are we going to resolve a case because the evidence related to the pretext phone call is substantial, or is the evidence weak? We need to challenge it and present our side of the story, explain why certain things are said in the pretext phone call, and do everything we can to protect your freedom, rights, reputation, and everything necessary to you in your life.