Sex Crimes, Sex Offenders Sexual Assault Arrests

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ptwiggens

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I'm having a small disagreement with someone and was hoping this could be cleared up here.

I have been trying to tell this other person that when it comes to sexual assault cases, the police will arrest you without doing any investigation. All the girl needs to do is say you did it. They think it's common sense that isn't the case.

Well, I've had two friends who had false complaint lodged against them... one which wasn't within 50 miles of the girl when she says the assault happened. Both of them were arrested immediately before any investigation took place.

Anyways, I'm just looking for a lawyer to confirm that you can and will get arrested if a complaint is lodged against you (I'm assuming it's because the victims word is enough to indict someone, and they also need to file a restraining order so you don't try to intimidate the victim?)
 
The arrest may or may not depend soley on victim statements. We cannot say what the Agency's reasons were for arrests. Where the statement of victim alone could be enough for an arrest it may not suffice for a conviction
 
I have been trying to tell this other person that when it comes to sexual assault cases, the police will arrest you without doing any investigation. All the girl needs to do is say you did it. They think it's common sense that isn't the case.
As the supervisor of my agency's investigations unit, let me say that the claim that an arrest would be made solely upon the claims of an alleged sexual assault victim is hogwash.

An arrest must be based upon probable cause. While this may be minimally met with an allegation, it also potentially starts a clock ticking that will force the state to prosecute in a matter that they may not have ANY other evidence.

No. Unless there is a great risk to the victim of continued attacks, an arrest will await further investigation and, preferably, sufficient evidence to support an arrest warrant.

Well, I've had two friends who had false complaint lodged against them... one which wasn't within 50 miles of the girl when she says the assault happened. Both of them were arrested immediately before any investigation took place.
I strongly suspect there was corroborating evidence of some kind. Either that, or the agency's involved were misled or staffed with idiots.

Anyways, I'm just looking for a lawyer to confirm that you can and will get arrested if a complaint is lodged against you (I'm assuming it's because the victims word is enough to indict someone, and they also need to file a restraining order so you don't try to intimidate the victim?)
There is a big difference between CAN and WILL. You CAN (possibly) get arrested for most anything. There is never a situation where someone can correctly assert you WILL get arrested. There are situations in which an arrest is more likely than others, but it is could never be an absolute certainty based upon any verbal claim

- Carl
 
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