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Evidence to Gather If Charged with Sexual Assault

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IMPORTANT: This document is for general informational purposes only and does not constitute legal advice. If you have been charged with sexual assault, you should consult a qualified criminal defence lawyer immediately.

1. Communications

  • Text messages, emails, DMs, or social media exchanges with the accuser — especially any showing consent, friendly contact before/after the alleged incident, or inconsistencies in their account.
  • Any messages where the accuser discussed the incident with others.
  • Screenshots of any online interactions relevant to the case.

2. Digital Evidence

  • Photos or videos from the time and place in question (including metadata/timestamps).
  • Location data from your phone (GPS, check-ins, rideshare history).
  • Call logs showing contact or lack thereof.
  • Social media posts, stories, or activity from around the time of the incident.

3. Witness Information

  • Names and contact information of anyone who was present or nearby.
  • Anyone who spoke to either of you before or after the incident.
  • Character witnesses who can speak to your credibility and reputation.

4. Physical & Documentary Evidence

  • Receipts, transit records, or security footage placing you somewhere (alibi evidence).
  • Any physical evidence from the scene.
  • Medical records, if relevant to the case.

5. Your Own Account

  • Write down everything you remember about the incident as soon as possible — memory fades, and a detailed early account is valuable.
  • Note any inconsistencies you have observed in the accuser’s story.
  • Record dates, times, locations, and the names of anyone involved or present.

Important Steps to Take

  • Hire a criminal defence lawyer immediately: This is the most important step. Do not speak to police without a lawyer present.
  • Do not contact the accuser: This can be used against you and may violate a no-contact order.
  • Preserve everything: Do not delete any messages, photos, or accounts — even if you think they are irrelevant.
  • Limit social media activity: Do not discuss the case on social media or with people you do not fully trust.
  • Work with your lawyer: A defence lawyer can formally request discovery (the prosecution’s evidence), subpoena records, and hire investigators or expert witnesses on your behalf.

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