One big weapon the police have that they use all the time when it comes to sex crime cases is that is known as a pretext phone call. This is basically where they have typically, the alleged victim calls the alleged perpetrator on the phone and the police will tape record the conversation.
The police feed the alleged victim with the questions, sit there and listen and attempt to get the perpetrator to admit that they committed the crime.
This is a very effective weapon in sex crime related offense because if on the pretext phone call, the defendant admits that they committed the crime, this is a huge weapon that they can use against the individual being charged with the sex crime in order to prosecute and convict them down the line.
The reason for this is because most people are not going to admit that they committed a sex crime unless they did, in fact, commit the sex crime. See California v. Wismer.
A lot of times people will not admit that they committed the sex crime on the pre-text phone call, however, they will apologize to the victim and act in a way that somebody who was innocent wouldn't.
In other words, if someone tells you that why did you commit this sex crime against me? What were you thinking, and you didn't commit it, your response should be I don't know what you're talking about, are you crazy, I would never to anything like that.
But instead, what we see a lot in these cases is that during the pretext phone call the individual instead apologizes for their behavior and tries to give sort of an excuse as to why they did whatever it is that they're being accused of doing.
Legal Defenses to Pretext Phone Prosecution
One big defense that I see is that a lot of times women act emotional and say a bunch of crazy stuff. I guy is scared because they feel as though that the person is losing their mind and acting crazy, so they apologize or acknowledge something that they really didn't do simply to placate the other party.
So, they will be quite 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 related to the alleged sex crime are such that the person can, in fact, defend themselves.
And, also obviously, what's going to end up happening is that the jury is going to listen to the pretext phone call and they are going to take that into account with all the other evidence and they'll be the ultimate deciders as to whether or not that pretext phone call means the person's guilty or not.
So, when it comes to a defense strategy when it comes to a pretext phone call, first the pretext phone call obviously has to be listened to, broken down, and then the defense attorney and defendant need to talk about what is actually in there, how it sounds, and can it be explained, that is doing indicated in there.
Sometimes the person says some things that actually support a defense and if combined with what is said in the pretext phone call, the person can also mount other evidence that corroborates that they indicate in the pretext phone call, then obviously they'll be in a good position to mount a defense and challenge the prosecutor's case.
Call Our Law Firm
So, really what I do 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 try to resolve a case because the evidence related to the pretext phone call is strong or is the evidence weak and we need to challenge it ad put our own side of the story across, explain why certain things are said in the pretext phone call and do everything we can to protect your freedom, your rights, your reputation and everything that is important to you in your life. Contact us to review your case.