New Jersey Sexual assault claim

[cwalterb]

I have not yet been charged with the crime. But I am scared that I will be. There seems to be enough evidence with which to build a case and at least charge me.

A friend of mine and I spent a day doing things. During this day, we also entered into two sexual acts. I believe the second is the one in question. She claims that I forced her. I contend that she never refused or said no or did anything more than what we had agreed upon in past and present cases. There was dominance involved in the act. But no force beyond consensual.

They have seized my cellphone which has some video and picture record of the act. However, at no point during the videos does the woman ask, demand or otherwise demonstrate that she is being forced to perform.

However, I am terrified that I will be charged and held for assault. I have written every shred of the day down on paper, as well as correspondences on two websites which show a pattern of consent.

[mightymoose]

You would probably be wise to get rid of those papers and remove anything you posted on websites. Don't give anyone a chance to use that information against you.
Do not talk with the police if they come asking questions. That will be your signal to get a lawyer if you haven't already. The police are not the ones that determine the truth of her statements or the willingness of her acts- that is what a jury is for. From what you say here I would not at all be surprised if you have some legal problems to sort out real soon.

The ONLY person you want to discuss any of this with is your attorney. Do not think that you can explain yourself to law enforcement to make all this go away.

How did they get your phone anyway? Did they serve a search warrant or did you give it willingly?

[bluemann33]

I agree with mighty.... DO NOT SPEAK OF THIS AGAIN WITH ANYONE BUT YOUR ATTORNEY! Even if you did nothing wrong, dont try explaining that to the police, that will be your attorneys job. Good luck.