Police interviews in cases concerning sexual assault are almost always required when an allegation is made, the experience of attending the police station for an interview in a sexual assault case can feel confronting and stressful.
Purpose of a Police Interview in Sexual Assault Cases
A police interview is an important step in the investigative process, providing the accused with an opportunity to answer to the allegations, and where necessary put forward their defence.
Suspects of a sexual offence however should always be alert to the interview being an evidence gathering opportunity for the police, everything said and done during the interview is recorded and can be relied upon by either party as the investigation and case progresses. Approaching the interview with caution and having obtained specialist legal advice is therefore crucial to ensuring your case takes a pro active pathway from the initial stage for your defence.
Common Questions Police Ask Suspects in Sexual Assault Interviews
A police interview will always begin with the suspect being provided with the police caution:
“You do not have to say anything, but it may harm your defence if you fail to mention when questioned something you may later rely on in court, anything you do say may be given in evidence”.
The police will then begin to question you, most commonly starting with questions such as confirming your identity, where you live, personal history, and your relationship with the complainant in your case.
A frequently asked initial question can be “Do you know why you are here today?”. All of these questions, although very reasonable, can often be asked to put the suspect into a false sense of security, the questions are easy and seem relatively straight forwards, and although they seem innocent and are unlikely to lead to a person incriminating themselves by answering, the problems arise as questioning develops and if the suspect begins to refuse to answer questions after being forthcoming to begin with.
Questions throughout the interview will be tailored to the specifics of the case and allegations against you, they can include:
- Nature of the relationship (if any) – the sexual assault allegation may be made by someone you know; a partner, friend of colleague. However, it may also be made by a stranger, someone from a night out or a social event you may have attended.
- Previous sexual history. There can be limits on the questions asked about a persons previous sexual history, and any line of questioning should be closely monitored by your legal representative to ensure it remains relevant and a proportionate line of questioning.
- Events leading up to the alleged incident; where were you, who were you with, where had you been.
- Presence of alcohol or drug use
- Whether any form of sexual activity occurred and if so, what.
- Was consent given, was it communicated, was it understood.
- Any verbal or nonverbal cues giving or removing consent.
- Physical evidence, questions about clothing, DNA or forensic examinations.
- Injuries
- Use of condoms
- Digital evidence: text messages, call history, social media interactions, phone location, dating apps, deleted communications.
As you can see questions will progressively get more intense and serious as the interview proceeds, it is very important you remain consistent in your interview and do not pick and choose which questions you want to answer, this could lead to adverse inferences being drawn.
Can the Police Interview You More than Once?
Yes, the police can interview a suspect at any time during an investigation. After the first interview the police may follow up lines of enquiries suggested by the suspect and following those enquiries wish to speak to them again to clear up any inconsistencies, or differences in accounts. Any subsequent interview which seeks to address these issues the suspect would have to be very careful how any inconsistencies are cleared up or explained.
Why Police Questions Can be Legally Risky
Many people go into police interviews without representation, or even with representation and go against advice because they are innocent and have nothing to hide. Why we understand this thought process, as lawyers we see even the most innocent of answers be misinterpreted and being used against the suspect.
Because the police do not know you, and they are investigating a serious offence, there is always the danger of speculation arising from certain answers, or for the police to be left guessing and drawing their own conclusions.
It is also important to realise that being arrested, or attending the police station as a volunteer to be interviewed puts the suspect under a huge amount of pressure, causing stress and fatigue, this can impact the way in which the suspect handles questioning and responds. The advantage to having legal representation present, aside from ensuring you are provided with legal advice, is that the interview is approached pragmatically and with emotion removed when decision are being made and analysed.
Do You Have to Answer Police Questions?
Suspects have a fundamental right to remain silent during their police interview, they do not have to answer any questions. However, this is not a decision that should be taken lightly, if you have a defence to put forwards then this is your first opportunity to do so, not providing any information which may assist you could negatively impact your case should the matter proceed to trial.
By instructing a specialist legal representative to attend the police interview with you, it will ensure that you understand your rights and entitlements during your time at the police station.
The Role of a Criminal Defence Lawyer in Police Interviews
At Eventum Legal we represent clients throughout England and Wales at various police stations. Our role when acting for our clients at a police interview includes:
- Protecting and advancing the legal rights of our client.
- Obtaining pre-interview disclosure so that our client is able to have some awareness of the alleged sexual offence, and the potential interview topics.
- Providing our client with their options when deciding whether or not to answer questions, or to provide a prepared statement.
- Intervening in interview when inappropriate or off topic questions may be asked.
- Controlling the interview environment to ensure the police are not oppressive.
- Ensuring the interview is conducted in line with the rule and regulations placed on the police through the Police and Criminal Evidence Act 1984.
- Applying for bail at the police station should the police be considering refusing bail and remanding the client into custody.
What to Do if You Are Asked to Attend a Police Interview for Sexual Assault
- Do not attend without legal advice.
- Avoid informal or “off the record” discussions – there is no such thing!
- Contact a specialist sexual offence defence lawyer immediately.
Frequently Asked Questions:
Can the Police Lie During an Interview?
No, the police cannot and should not tell a suspect any lies during a police interview. Interviews are recorded and examined carefully, any lies told by a police officer would be serious misconduct and would certainly go against any future prosecution.
Can I Change my Statement Later?
Once you have provided a statement to the police it is recorded and can be used in evidence. Changing your account at a later stage could lead to adverse inferences, this means any court my be less likely to believe any account you give.
What Happens After a Police Interview for Sexual Assault?
After your police interview, if you have attended as a volunteer, you will be released. If you are interviewed under arrest, you will be either released with bail conditions with a date to return to the police station to answer to bail, released under investigation, or potentially charged and remanded to appear before the next available court sitting. The outcome of the interview in most police investigations for sexual offences is the suspect is released with bail conditions.
Contact Our Supportive Team for Free Initial Advice
Police interviews in sexual assault cases are serious and complex; it is crucial early representation is obtained to ensure your rights and future are protected. At Eventum Legal we offer compassionate, and robust advice. Contact our team for a non-judgemental discussion about your case and the rights you have to firmly defend your position.