Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

How Police Investigate a Sexual Assault Crime

On Behalf of | Jan 15, 2015 | Sexual Assault |

After 25 years of reading police reports and working Theft, Robbery and Sexual Assault cases, here is a summary of how police in Denver, Jefferson and Arapahoe County investigate the average case. This is not a murder or homicide case, but the average Sexual Assault allegation. Here is what police do:

1. A young woman or child makes an allegation of sexual touching.

2. Police send out a patrol officer to get the basic report.

3. An investigator is assigned and he meets with the young woman or child and her parents to get the basics of the allegation.

4. If a child is involved, the investigator / detective schedules a forensic interview for the child, where the child is asked easy questions like, “tell me what happened” or “why are you here.” This question would be followed by questions like, “what happened next?” If the child says something crazy which could not possibly have occurred, the police ignore this.

5. The investigator tries to interview anyone who will support the child’s accusation. They intentionally avoid speaking with anyone who would oppose the child or woman’s story.

6. The detective will try and arrange a recorded pretext call, where the child / young woman will make a recorded phone call to the accused, asking him why he did it. The caller ID on the accused’s phone will show the name and number of the accuser, not police. Police are simply trying to get an admission or evidence to be used to prosecute the accused.

7. The investigator next makes attempts to talk with the accused, whether by phone or in person. Sometimes they ask the accused to come in to the police station, where the interview is conducted. Due to the required Miranda advisement, the detective makes sure to tell the accused he is not under arrest and that he is free to leave.

8. At the end of the interview, the accused is arrested and brought to the court for an advisement on the charges of Sexual Assault.

My Analysis:

You must remember the following about how police investigate these serious, lifetime imprisonment sexual assault cases in Denver, Larimer and Weld County:

1. No physical evidence is needed.

2. Investigators and detectives are not looking for the truth of what happened. They have no idea or concern with whether the young woman or child may has falsely accused someone before.

3. Interviews with kids and women “victims” never involve difficult questions like “how could this have happened with witnesses sitting next to you” or “wouldn’t it have been impossible for him to sexually assault you because he had not yet arrived at the party?” Questions like this are seen as unsupportive of the “victim,” who might not go forward with the case if critically questioned.

4. Police will try and trick men into a confession with tools like a pretext call or outright lies. We once had a case where police said they had an eye witness to the sexual assault when they had no one.

5. Police almost always make an arrest once they feel they’ve gotten all the statements they will get from the accused.

6. Police believe any child or young woman making the allegations – no matter evidence to the contrary. Police are terrified they will be criticized by a feminist group or victim’s rights group if they don’t support anyone making allegations of sexual assault.

Where Does This Leave Men?

Men should realize the deck is ALWAYS stacked against them and shut up. Plain and simple, men who are accused will be arrested and police only try and get them to talk to build their case against the man. They NEVER believe the man – so men should stop trying to convince them of their innocence.

We have been defending men accused of sexual assault by kids and women for 25 years. With a potential life sentence hanging over your head, trust us to defend you and call 303-731-0719. We can also visit men accused of crimes in the Douglas County Jail or the Adams County Jail, and across Colorado. Together, we can protect your future.