If you've been accused of a sex crime on campus or anywhere else, the first thing you should do is seek the advice of an attorney. If you're a student, you may need to go to your parents. Often, it's not a good idea to make a statement to the authorities. Other times, it is a good idea. It depends on the circumstances of your case.
That's why an attorney must guide you to make the right decisions from the beginning of your case.
You've got significant concerns when you have this type of case on campus. What will the campus do to you? Will you lose your tenure at the school? Will you be expelled? What if the authorities get involved? You can be arrested and face serious charges that could affect your future.
Your first move should be to get an attorney. Be honest with your attorney and tell them what happened. Then, that attorney is going to be tasked with the job of successfully guiding you through the process and helping you make the right decisions.
How Does A Sex Related Offense Off-Campus Differ From An Offense Allegedly Committed On Campus?
If you're being charged with a sexual offense on or off any campus, you're going to want to be concerned that the police will get involved. You want to get an attorney right away. Let them know what happened and start to make the right moves from the beginning.
If the crime did not occur on campus, you have a much stronger argument that the school should not be able to discipline you. If it happens on campus, the school is entitled to get involved.
In addition to dealing with the police, you may have to deal with a school hearing, where they can suspend you and issue orders that you're not allowed to come within 100 yards of the alleged victim. A restraining order can be involved. It is imperative to speak to an attorney and make sure that you make the right moves at the beginning of the case and all the way through.
In A On Or Off University Campus Sex Offense Case, Does The Complaint Remain Confidential?
The alleged victim of an on-campus sex-related offense can request that their name remain confidential. That puts the school in a difficult position because the offender also has rights. How can the offender address the crime if the school refuses to give them the identity of the complaining witness?
Often, the person's identity can remain anonymous, and just based on the circumstances of the case, the person being accused is going to be able to figure out who's blaming them.
The accuser's right to remain anonymous is up against the defendant's right to be able to confront their accuser and defend themselves against serious allegations that could hamper their school career, their criminal record, their reputation, and their freedom
Will I Be Suspended If I Am Accused Of A Sex Offense On Or Off-Campus?
Campuses have some decisions when a sex offense is brought to their attention. If the crime is severe enough, they can suspend you from being on campus while they investigate. They can issue an order that you did not come within a hundred yards of the alleged victim while they're investigating the allegations.
They can also have the alleged victim go and get a restraining order, which can cause a problem because the judge has the authority to order you not to go on campus. That is something you're going to want to defend. Otherwise, you could be blocked from attending your classes.
You want to make sure that you're ready to defend yourself to try to maintain your status at school and not be in a position where you're banned from going onto the campus where you're trying to graduate. You have rights. Advocate your rights by hiring an attorney to represent you.
Will Alcohol Or Drug Use Impact The Outcome Of A Sexual Misconduct Complaint Case?
A lot of sex crimes stemming from alcohol. If you or the alleged victim was drinking alcohol, this could potentially be a defense or an issue with your case. It could be a defense because alleged victims often can't remember what happened and do things that they wouldn't normally do during a night of drinking.
When they wake up in the morning, they're suddenly claiming that the encounter they had was not consensual. On the other hand, if someone gets intoxicated to the point where they're almost unconscious, and the allegations are that you took advantage of that unconscious person sexually, that puts you in a bad situation.
Rape by touching an unconscious person is a severe offense and can result in prison time, having to register as a sex offender, and a whole host of other problems. Alcohol plays a role in sex crimes, and you must get an attorney and let the attorney know what happened and how alcohol was involved. Be honest about it, so the attorney can adequately defend you.
Should I Hire A Sex Crimes Attorney If I Have Been Accused Of A Sex Offense On Campus?
Whether an attorney can represent you on campus depends on the college's procedures. I've described several clients on their college campuses, and some allow attorneys to be present, but they can't speak.
This is certainly better than not having anyone there if you're not familiar with procedures, how to ask questions, and the correct arguments to make. In most schools, if there's going to be a hearing related to a sex offense, they're going to let you have an attorney.
You also may be put in a position where you're going to be criminally charged, and anything you say to the investigators at school could be used against you in a criminal case. Make sure the attorney who will defend you in a criminal case is up to speed as to what is going on in the school investigation and is guiding you through that process.