Sexual assault charges can change your life. A sexual assault conviction can result in severe penalties, including hefty fines, expulsion from school, and even jail time. Knowing what to expect and how to defend yourself if you have been charged with sexual assault can improve your chances of successfully defending against sexual assault charges and minimize the effect a sexual assault charge will have on you and your future.
Sexual Assault on College Campuses
Colleges, universities, and other institutions of higher learning take allegations of sexual assault seriously. They are responsible for ensuring the safety of their students, and when sexual assault on college campuses does occur, the university could be held legally responsible. When a student engages in sexual conduct that makes other students feel unsafe, that student might be investigated and charged with sexual assault.
All too often, students who are accused of sexual assault on college campuses stay quiet, thinking that if they just explain their side of what happened, the case will just go away.
This is a mistake.
Unfortunately, the school is not always interested in truth and fairness. Instead, they are trying to protect themselves and their reputation.
The U.S. Department of Education takes allegations of sexual assault seriously. If a college or university does not handle a sexual assault investigation the way the Department of Education thinks it should, the school could lose funding under Title IX. In addition, colleges and universities can be held legally responsible for sexual assault on college campuses.
Sexual Assault and the Student Code of Conduct
When a student is under investigation for sexual assault, two processes could be at play. The first is a disciplinary hearing under the student code of conduct. When a student is facing a university disciplinary hearing for an alleged violation of the student code of conduct, the student does not have the same rights they would in a courtroom:
There is no presumption of evidence.
They cannot question the person accusing them.
Disciplinary hearings apply a lower evidentiary standard than proof beyond a reasonable doubt, which is required in a criminal case.
The university does not need to tell the accused the evidence they have against them.
A student can be found “guilty” if the judge likes the other student's version of events more.
There may not be a right to an appeal.
The “judge” may be biased.
Someone under investigation for sexual assault could also face criminal charges independent of any disciplinary process conducted by the college or university. Criminal sexual assault charges require proof beyond a reasonable doubt, and a conviction could result in jail time, hefty fines, and other criminal penalties.
Do You Need a Sexual Assault Defense Lawyer?
Learning that you are under investigation and could be facing sexual assault charges is a scary and overwhelming experience. Unfortunately, far too many people wait too long to contact a sexual assault defense lawyer. By the time the school has conducted its investigation and sexual assault charges have been filed, you may have already spoken to campus police, consented to a search, or made other decisions that could compromise your rights and your ability to successfully defend yourself.
You should contact a sexual assault defense attorney at the first sign you are suspected of or under investigation for sexual assault. You can and should hire a sexual assault defense attorney before charges are filed. A sexual assault defense lawyer can protect you against unreasonable and illegal searches and seizures and self-incrimination, advise you during the school disciplinary hearing process, and help build your defense before your case goes to court. In some cases, hiring a sexual assault defense lawyer before charges are filed can result in charges not being filed at all.
Should You Talk to the Police About Sexual Assault Charges?
Anytime you think you are under investigation for having committed a crime, you should avoid talking to the police without your lawyer present. This is especially important in a sexual assault investigation where the physical evidence is often minimal. In your attempt to defend yourself, you could accidentally say something that could be taken out of context and used against you.
If you are contacted for an interview, calmly and clearly explain that you are asserting your right to remain silent and you will not answer any questions until you have spoken to a lawyer. You can use this sentence even if you have not yet hired a sexual assault defense lawyer!
Contact Elment Legal for Defense Against Sexual Assault Charges
Elmen Legal has successfully defended students accused of sexual assault on college campuses. Sexual assault defense lawyer Robert Elmen will diligently and thoroughly investigate the sexual assault allegations and take steps to protect you and your future.
Admitted to practice law in 2014, Ann Arbor criminal defense attorney Robert Elmen defends people accused of crimes such as assault and battery, domestic violence, sex crimes, drug crimes, and drunk driving / OWI / DUI. His caring approach towards his clients sets him apart from other lawyers as he recognizes that people come to him during their darkest hours, looking for help, and for hope. Robert is a student of Brazilian Jiu-Jitsu, and draws on his martial arts training to help himself and his clients remain calm in the face of what may seem like insurmountable odds.
Attorney Robert Elmen is incredibly knowledgeable and professional. His communication was excellent, he answered all my questions and made me feel at ease during a stressful situation. In the end, my case was dismissed. Highly recommend!!
– M.L., ★★★★★ Google Review, Jan 2023