Talking to Police About Child Sexual Abuse: Avoiding Self-Incrimination

Child sexual abuse is a serious criminal charge. If you are arrested for child sexual abuse, you should not talk to the police or any investigating agency in the absence of your attorney. Do not answer any questions the police or the investigating agency asks you. Anything and everything that you say can be used against you to obtain a conviction.

Self incrimination

When you provide any information either intentionally or not and that information can result in criminal prosecution, it is referred to as self incrimination. When you are being questioned by the police you have the right to remain silent. You need not answer their questions without your attorney being present during the questioning. If your attorney is not present the police officers will ask you tricky questions and depending on your answers you may be unknowingly incriminating yourself.

Fifth Amendment

The Fifth Amendment of the US Constitution protects you against self incrimination. You can refuse to give any statement which could incriminate you. You have the right to refuse answering questions put to you by the police. This protection under the Fifth Amendment of the US Constitution also extends to testifying at trials. If you do not want to testify during trial because the testimony may incriminate you, you have the right to refuse giving the testimony. When the police arrest you there are required by law to give you the Miranda warning which will inform you about your right to remain silent. You are only required to provide your personal details like name, age, address, etc. If you are not given this warning and the police question you and you provide them with answers, such answers cannot be used in evidence

Building your defense

You will be wasting your time trying to convince the police about your innocence. In child abuse cases everyone tends to believe the accuser. So don’t waste time talking to the police. They will not believe you. Instead they will use whatever you tell them against you. They are only interested in getting a conviction. If you really need to talk to them or you want to answer any questions put forth by the police you should do so in the presence of your attorney.

Getting Legal Help

If you are arrested for child abuse, contact an experienced child molestation attorney immediately. Do not talk to the police until your attorney arrives. Your attorney can ensure that the questions asked by the police and the answers you give do not result in self incrimination.