Using Text and Cell Phone Records in Sexual Assault Defense

When there is no physical evidence, many sexual assault cases come down to the accuser’s word against yours. Although you are innocent until proven guilty, it helps to have evidence on your side that can exonerate you. Cell phone and text records could provide some context about an encounter or relationship for law enforcement to consider or when your case is in front of a jury.

One major defense that people use when they have been charged with sexual assault is that the encounter was consensual. While it is difficult for law enforcement to place themselves in the room where it happened, texts and other communications could shed light on the parties’ frame of mind leading up to and even after the attack.

Messages That the Parties Exchanged Are Important

Cell phone records could show a pattern of communications right up to the time of the alleged assault. They may even show that the accuser had been seeking a sexual encounter with the defendant. At the same time, they could also reveal the defendant’s frame of mind leading up to the encounter. These are nearly contemporaneous communications that show what each party’s expectations were.

In addition, the two parties may have exchanged messages after the alleged attack. If the victim sends cordial and friendly texts to their alleged attacker, it is inconsistent with their story of a sexual assault. If the victim’s story changed in the hours of the encounter, any texts between the two should tell a story.

Cell Phone Records Can Tell Your Side of the Story

Cell phone records could also be used to place you in a different place than the accuser says you were at the time of the attack. Showing that you were on the phone when the alleged attack occurred could be an alibi. If you have a fitness tracker or anything with a working GPS, it could be used to show where you were when the alleged attack occurred. Police can do the same to you if they obtain a search warrant from the data location centers.

Text records can be subpoenaed from the phone company. However, the phone company will not give the content of the text messages, only that the texts were sent. If you have these texts on your phone, it is vital that you save them by taking a screenshot and backing them up. These can be used in your defense. Many stories come apart when the accuser is presented with evidence that they sent quite different messages to their alleged attacker than they are now claiming. Your attorney may even be able to show text messages to law enforcement when they are at the stage of considering whether to press charges.

Eau Claire Criminal Defense Attorneys

Call the Cohen Law Offices at (715) 514-5051 or contact us online. When you are facing sex assault charges, the early involvement of an attorney can help you with your defense. Law enforcement investigates these cases extensively before deciding to file charges. Hiring an attorney shows that you are taking steps to protect your own legal rights.