Your next steps after an allegation can greatly impact your final outcome. If you have been accused of sexual assault, this is what you need to watch out for:
School Administrator & Investigator
After an allegation, the accused will receive a notice of their involvement in the case. They will then be required to see a Title IX investigator or a school administrator. It is of utmost importance that the accused understands the weight the investigator carries in the case!
They are not there to help you. They may act like your friend in order to get more information, but their real intent is to gather as much information so that they can make their judgement.
It is imperative that you come to this meeting well-documented and free of inconsistencies. Bringing solid evidence is recommended. Do not bribe, intimate or lie. All of these will hurt your case.
The burden of proof is on the accused. The investigator will be careful not to downplay a victim in a sexual assault case. It is an uphill battle for a student accused of sexual assault, even when they are innocent.
Know Your Rights and Case Information
You will likely be left out of the loop unless you know your rights within the law and the student code of conduct. Your rights should not be dismissed in the face of allegations. In fact, the Department of Education requires an “adequate, reliable and impartial” investigation.
Schools are required to provide a summary of details. If there are major details omitted from this summary, you may be limited in the evidence that you can present. If you are accused of sexual assault, it is important that you request all information pertaining to your case. The rights of constitutional due process typically only pertain to students at a public state school.
Contact From the Victim
Adhere strictly to the no-contact order and do not initiate or respond to any contact, written or verbal, from the accuser or their family. Doing so could be severely detrimental to your case. You may even end up with two charges, one for sexual assault and one for violating the no-contact order.
Manchester & Associates Defense
Consulting with an experienced attorney from day one is crucial. Don’t go in alone. The cards are stacked against the accused, especially in sexual assault cases. Contact Manchester & Associates today for help.